Section 1 Short title, extent and commencement.
(1) This Act may be called the Dowry ProhibitionAct, 1961.
(2) It extends to the whole of India 1***
(3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 2 Definition of “dowry”.
In this Act, "dowry" means any property or valuable security given oragreed 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 themarriage or to any other person;
at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, butdoes not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat)applies.
3* * * * *
Explanation II.--The expression "valuable security" has the same meaning as in section 30 of theIndian Penal Code (45 of 1860).
Section 3 Penalty for giving or taking dowry.
1[(1)] If any person, after the commencement of this Act,gives or takes or abets the giving or taking of dowry, he shall be punishable 2[with imprisonment for aterm which shall not be less than 3[five years, and with fine which shall not be less than fifteen thousandrupees or the amount of the value of such dowry, whichever is more]:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, imposea sentence of imprisonment for a term of less than 4[five years].]
5[(2) Nothing in sub-section (1) shall apply to, or in relation to,--
(a) presents which are given at the time of a marriage to the bride (without any demand havingbeen made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules madeunder this Act;
(b) presents which are given at the time of a marriage to the bridegroom (without any demandhaving been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules madeunder this Act:
Provided further that where such presents are made by or on behalf of the bride or any personrelated to the bride, such presents are of a customary nature and the value thereof is not excessivehaving regard to the financial status of the person by whom, or on whose behalf, such presents aregiven.]
Section 4 Penalty for demanding dowry.
1[4. Penalty for demanding dowry.--If any person demands, directly or indirectly, from the parentsor other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall bepunishable with imprisonment for a term which shall not be less than six months, but which may extendto two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment,impose a sentence of imprisonment for a term of less than six months.]
Section 4A Ban on advertisement.
1[4A. Ban on advertisement.--If any person--
(a) offers, through any advertisement in any newspaper, periodical, journal or through any othermedia, any share in his property or of any money or both as a share in any business or other interestas consideration for the marriage of his son or daughter or any other relative,
(b) prints or publishes or circulates any advertisement referred to in clause (a),
he shall be punishable with imprisonment for a term which shall not be less than six months, but whichmay extend to five years, or with fine which may extend to fifteen thousand rupees:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, imposea sentence of imprisonment for a term of less than six months.]
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