Know the Law-Dowry and the Indian legal system

According to the Webster,s New Dictionary, dowry means “the money, goods or estate which a woman brings to her husband in marriage, the portion given with the wife”.

Section 2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-

(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).

Reason
For giving or taking dowry ----- 5 years, fine or amount of dowry whichever is more

For demanding dowry ------ 6 months extending to 2 years and fine

The Supreme Court in S.Gopal Reddy V State of A.P held that a demand made before marriage also amounts to an offence under Section 4 of the Act.

Any agreement pertaining to dowry is void and burden of proof is always on the person accused of demanding or taking dowry. Dowry prohibition officers are appointed under Section 8 of the Act. Two offences namely dowry death and cruelty has been introduced in the IPC to deal with harassment pertaining to dowry.

304B. Dowry death.- IPC
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death.

Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 ( 28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]

498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]

The Indian Evidence Act and Dowry:

113B. Presumption as to dowry death - When the question is whether a person has committed the dowry death of a women and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry; the court shall presume that such person had caused the dowry death.

Explanation - For the purposes of this section, "dowry death" shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).