1. The Dowry Prohibition Act,1961 A Sneha L Visakha

2. “Dowry is the sati of the twentieth century.” -M. N. Srinivas, in Some reflections on Dowry, 1984.

3. Origin of Dowry Dowry is present in various societies but is an integral and institutionalized part of the Hindu Marriage System Dowry is present in various societies but is an integral and institutionalized part of the Hindu Marriage System Finds its origins in the Manusmriti, where Manu talks about 8 types of marriages. Finds its origins in the Manusmriti, where Manu talks about 8 types of marriages. The first four are: Brahma, Daiva, Arsha, Prajapatya- characterised by ‘Kanyadana’ by the father and were the Dharmya or socio-culturally acceptable norms. The first four are: Brahma, Daiva, Arsha, Prajapatya- characterised by ‘Kanyadana’ by the father and were the Dharmya or socio-culturally acceptable norms. The last four are the Asura, Gandharva, Rakhshasa, Pisachas forms of marriage which were adharmya or against socio-cultural norms. The last four are the Asura, Gandharva, Rakhshasa, Pisachas forms of marriage which were adharmya or against socio-cultural norms.

4. Here, we consider two most important types of marriage which were prevalent, Brahma and Asura, while the others were rendered obsolescent. Here, we consider two most important types of marriage which were prevalent, Brahma and Asura, while the others were rendered obsolescent. The Brahma form, considered noble, was prevalent among the higher castes which involved giving away the bride (decked with ornaments) as ‘Kanyadana’ by the father along with ‘Varadakshina’ to the groom. The Brahma form, considered noble, was prevalent among the higher castes which involved giving away the bride (decked with ornaments) as ‘Kanyadana’ by the father along with ‘Varadakshina’ to the groom. The Asura form, condemned by Manu, was prevalent among lower castes, which involves the bridegroom receives the maiden, after having given as much wealth as he can afford to his kinsmen and to the bride herself, according to his own will. Also known as Kanyashulka or Bride-Price. The Asura form, condemned by Manu, was prevalent among lower castes, which involves the bridegroom receives the maiden, after having given as much wealth as he can afford to his kinsmen and to the bride herself, according to his own will. Also known as Kanyashulka or Bride-Price.

5. According to Sociologist M N Srinivas, decline in productive capacity of a woman led to the transition from bride sale practice to dowry because the perception of a woman was shifted from being seen as an asset to a liability. While the declining economic participation of women is a fact also the spread of dowry to groups previously practising bride- price, it was left to the authors of the Report of the National Committee on the Status of Women in India to link the two as cause and effect: Changing from bride price to dowry is an attempt to improve the social status of a family or group, because dowry is - associated with the higher social groups. This change has been reported from different regions and indicates a loss of status for the girl in her father's family where she becomes a liability rather than an asset. This is undoubtedly a consequence of the withdrawal of women from production activities and of the loss of their production skills. For instance, Where for merely a Peasant's wife was an economic asset, she has now become a liability. Accordingly the groom's family now want to be paid for taking over the responsibility of keeping her where previously they had been prepared to compensate her father for the loss of her production contribution. Transition from Bride Price to Dowry system

6. Object and Reasons To make the practice punishable To make the practice punishable To ensure that any dowry, if given, does ensure for the benefit of the wife, leading to educating public opinion To ensure that any dowry, if given, does ensure for the benefit of the wife, leading to educating public opinion To eradicate the evil practice of Dowry system To eradicate the evil practice of Dowry system

7. Important Provisions   Dowry Definition: Definition: “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 the 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 section 30 of the Indian Penal Code (45 of 1860).  Section 30 of Indian Penal Code: “Valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished our released or whereby any person acknowledges that he lies under the legal liability, or has not a certain right.   Dowry in connection with the marriage of the said parties: The Joint Committee report suggested substituting “in consideration for marriage” with “in connection with marriage” to make the definition wider in scope   Case law: In Pawan Kumar vs. State of Haryana, 1998 CrLJ1144, the Supreme Court held that persistent demand for tv and scooter after marriage would be in connection with marriage and thus falls under the definition of Dowry.   Definiton proposed by the 91 st Law Commission Report-

8. (i) "Dowry" in the sense of the expression contemplated by Dowry Prohibition Act in a demand for property of valuable security having an inextricable nexus with the marriage i.e. it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. But where the demand for property or valuable security has no connection with the consideration for the marriage; it will not amount to a demand for dowry. The demand for valuable presents made by the appellants on the occasions of festivals like Deepavali is not connected with the wedding or marriage and these demands will not constitute dowry as defined in section 2 of Dowry Prohibition Act, 1961; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273. (i) "Dowry" in the sense of the expression contemplated by Dowry Prohibition Act in a demand for property of valuable security having an inextricable nexus with the marriage i.e. it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. But where the demand for property or valuable security has no connection with the consideration for the marriage; it will not amount to a demand for dowry. The demand for valuable presents made by the appellants on the occasions of festivals like Deepavali is not connected with the wedding or marriage and these demands will not constitute dowry as defined in section 2 of Dowry Prohibition Act, 1961; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273. (ii) Any property given by parents of the bride need to be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry; Rajeev v. Ram Kishan Jaiswal, 1994 Cri L.J. NOC 255 (All). (ii) Any property given by parents of the bride need to be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry; Rajeev v. Ram Kishan Jaiswal, 1994 Cri L.J. NOC 255 (All). (iii) The definition of dowry is wide to include all sorts of properties, valuable securities etc. given or agreed to be given directly or indirectly. Therefore the amount of Rs.20,000/- and 1.5 acres of land agreed to be given at the time of marriage is dowry, even though the said land was agreed to be transferred in the name of the deceased as 'pasupukumkuma' by executing a deed; Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri L.J. 563 AP HC. (iii) The definition of dowry is wide to include all sorts of properties, valuable securities etc. given or agreed to be given directly or indirectly. Therefore the amount of Rs.20,000/- and 1.5 acres of land agreed to be given at the time of marriage is dowry, even though the said land was agreed to be transferred in the name of the deceased as 'pasupukumkuma' by executing a deed; Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri L.J. 563 AP HC. (iv) There had been no agreement between either parties to give any property or valuable security to the other party at or before or after the marriage. The demand of TV, refrigerator, gas connection, cash of Rs. 50,000/- and 15 tolas of gold are not demand of dowry but demand of valuable security in view of section 2; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal. (iv) There had been no agreement between either parties to give any property or valuable security to the other party at or before or after the marriage. The demand of TV, refrigerator, gas connection, cash of Rs. 50,000/- and 15 tolas of gold are not demand of dowry but demand of valuable security in view of section 2; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal.

9. (v) While dowry signifies presents given in connection with marriage to the bridal couple as well as others, stridhan is confined to property given to or meant for the bride; Hakam Singh v. State of Punjab, (1990) I DMC 343. (v) While dowry signifies presents given in connection with marriage to the bridal couple as well as others, stridhan is confined to property given to or meant for the bride; Hakam Singh v. State of Punjab, (1990) I DMC 343. (vi) Dowry, means, any property given or agreed to be given by the parents of a part to the marriage at the time of the marriage or before marriage or at any time after the marriage in connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000/- some days after the marriage from his father-in-law and on not being given became angry, tortured the wife and threatened to go for another marriage, it was held that the amount was being demanded in connection with the marriage and it was a demand for dowry though it was demand after the marriage; Y.K. Bansal v. Anju, All L.J. 914. (vi) Dowry, means, any property given or agreed to be given by the parents of a part to the marriage at the time of the marriage or before marriage or at any time after the marriage in connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000/- some days after the marriage from his father-in-law and on not being given became angry, tortured the wife and threatened to go for another marriage, it was held that the amount was being demanded in connection with the marriage and it was a demand for dowry though it was demand after the marriage; Y.K. Bansal v. Anju, All L.J. 914. (vii) The furnishing of a list of ornaments and other household articles such as refrigerator, furniture, electrical appliances etc. at the time of the settlement of the marriage amounts to demand of dowry within the meaning of section 2 of the Dowry Prohibition Act,1961; Madhu Sudan Malhotra v. K.C. Bhandari; 1988 BLJR 360 (SC). (vii) The furnishing of a list of ornaments and other household articles such as refrigerator, furniture, electrical appliances etc. at the time of the settlement of the marriage amounts to demand of dowry within the meaning of section 2 of the Dowry Prohibition Act,1961; Madhu Sudan Malhotra v. K.C. Bhandari; 1988 BLJR 360 (SC). (viii) A sum of money paid by a Mohammedan in connection with his daughter's marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law in not 'dowry' within the meaning of the Act; Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48. (viii) A sum of money paid by a Mohammedan in connection with his daughter's marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law in not 'dowry' within the meaning of the Act; Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48. (ix) Where the demand was made after the marriage for the purchase of a car, it was held that it did not fall within the definition; Nirdosh Kumar v. Padma Rani, 1984 (2) Rec. Cr. R. 239. (ix) Where the demand was made after the marriage for the purchase of a car, it was held that it did not fall within the definition; Nirdosh Kumar v. Padma Rani, 1984 (2) Rec. Cr. R. 239. (x) Where the demand was made at the time when marriage ceremony was in progress and was repeated after the marriage, it was held that it fell within the definition of dowry; L.V. Jadhav v. Shankar Rao, (1983) 2 Crimes 470. (x) Where the demand was made at the time when marriage ceremony was in progress and was repeated after the marriage, it was held that it fell within the definition of dowry; L.V. Jadhav v. Shankar Rao, (1983) 2 Crimes 470. (xi) Traditional presents and other articles given at the time of the marriage are the individual property of the Hindu wife. She is the absolute owner of the property and can own it in her own right, Vinod Kumar v. State of Punjab, AIR 1982 P &H 372: 1982 HLR 327: 1982 PLR 337. (xi) Traditional presents and other articles given at the time of the marriage are the individual property of the Hindu wife. She is the absolute owner of the property and can own it in her own right, Vinod Kumar v. State of Punjab, AIR 1982 P &H 372: 1982 HLR 327: 1982 PLR 337.

10. Penalty for giving or taking Dowry: Penalty for giving or taking Dowry: Section 3- (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 [with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees 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, impose a sentence of imprisonment for a term of less than [five years]. (i) Section 3 does not contravene articles 14, 19, 21 and 22 of the Constitution and therefore this section is not ultra virus of the said articles; Indrawati v. Union of India, I (1991) DMC 117 (All). (ii) The offence is founded in the relationship of the property demanded as abettor with the nature of demand. It should not bear a mere connection with marriage; Madan Lal v. Amar Nath, (1984) 2 Rec Cr. 581. (iii) Abetment is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual commission of the offence; Muthummal v. Maruthal, 1981 Cr. LJ 833 (Mad). The Dowry Prohibition Rules, 1985 provides that lists of presents given at the time of marriage should be maintained. [Section 4- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to 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.] The burden of proof lies on the person accused of taking or abetting of dowry that there was no demand for dowry at all.

11. 4. [(Note: Subs. by act 63 of 1984, sec.4) Penalty for demanding dowry – 4. [(Note: Subs. by act 63 of 1984, sec.4) Penalty for demanding dowry – If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.] Provided that the Court may, for a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.] (i) Demand of dowry under section 4 is not a continuing offence but every demand of dowry whenever repeated constitutes another offence and the date of commission of offence under section 4 would be when the demand was made initially and also when the said demand was repeated afresh. The offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry; Harbans Singh v. Smt. Gurcharan Kaur alias Sharan Kaur, 1993 Rec. Cr. R 404 (del). (i) Demand of dowry under section 4 is not a continuing offence but every demand of dowry whenever repeated constitutes another offence and the date of commission of offence under section 4 would be when the demand was made initially and also when the said demand was repeated afresh. The offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry; Harbans Singh v. Smt. Gurcharan Kaur alias Sharan Kaur, 1993 Rec. Cr. R 404 (del). (ii) The deceased had before being set on fire by her in-laws had written a letter to her father that she was being ill-treated, harassed and threatened of dire consequences for non-satisfaction of demand of dowry. Thereby proving that an offence of demanding dowry under section 4 had been committed; Bhoora Singh v. State, 1993 Cri LJ. 2636 All. (ii) The deceased had before being set on fire by her in-laws had written a letter to her father that she was being ill-treated, harassed and threatened of dire consequences for non-satisfaction of demand of dowry. Thereby proving that an offence of demanding dowry under section 4 had been committed; Bhoora Singh v. State, 1993 Cri LJ. 2636 All. (iii) There had been not agreement between either parties to the marriage nor their relations to give any property or valuable security to the other party at or before or after the marriage. Held that the demand of TV, refrigerator, gas connection, cash of Rs.50,000/- and 15 tolas of gold will not amount to demand of dowry but demand of valuable security and the said offence does not attract section 4 of the Dowry Prohibition Act; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal. (iii) There had been not agreement between either parties to the marriage nor their relations to give any property or valuable security to the other party at or before or after the marriage. Held that the demand of TV, refrigerator, gas connection, cash of Rs.50,000/- and 15 tolas of gold will not amount to demand of dowry but demand of valuable security and the said offence does not attract section 4 of the Dowry Prohibition Act; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal.

12. Dowry Offence- Cognizable, non-bailable, non compoundable Dowry Offence- Cognizable, non-bailable, non compoundable Section 8 provides that dowry offences are cognizable for the purpose of investigation and for matters other than referred to in the section 42 of the CrPC, 1963. These offences are not cognizable in the matter of arrest of a person accused of a dowry offence. Section 8 provides that dowry offences are cognizable for the purpose of investigation and for matters other than referred to in the section 42 of the CrPC, 1963. These offences are not cognizable in the matter of arrest of a person accused of a dowry offence. Cognizance by a Magistrate Cognizance by a Magistrate On his own knowledge of a dowry offence, the magistrate can take cognizance of the offence suo motu. Or he can take cognizance of a case on receipt of complaint of facts constituting an offence or also in the case of a police complaint. Section 190 of the Criminal Procedure Code, 1973 states that he may take cognizance in the above circumstances. On his own knowledge of a dowry offence, the magistrate can take cognizance of the offence suo motu. Or he can take cognizance of a case on receipt of complaint of facts constituting an offence or also in the case of a police complaint. Section 190 of the Criminal Procedure Code, 1973 states that he may take cognizance in the above circumstances. The remarkable aspect of the DP Act, 1961 is that any property given to a woman before, during and after her marriage in connection with her marriage is considered as her ‘stridhan’ i.e., her separate property except the one given to her and her husband jointly. Section 6 provides that dowry would be for benefit of the wife and her heirs. The remarkable aspect of the DP Act, 1961 is that any property given to a woman before, during and after her marriage in connection with her marriage is considered as her ‘stridhan’ i.e., her separate property except the one given to her and her husband jointly. Section 6 provides that dowry would be for benefit of the wife and her heirs. Section 8B stipulates for the appointment of Dowry Prohibition Officer by the State Government and whose duties are enumerated in the section including ensuring that provisions of the Act are complied with, to prevent, as far as possible, the practice of dowry, to collect evidence as may be necessary for prosecution under this act, and any other additional functions etc. Section 8B stipulates for the appointment of Dowry Prohibition Officer by the State Government and whose duties are enumerated in the section including ensuring that provisions of the Act are complied with, to prevent, as far as possible, the practice of dowry, to collect evidence as may be necessary for prosecution under this act, and any other additional functions etc.

13. Amendments proposed in 1986 (a) The minimum punishment for taking or abetting the taking of dowry under Section 3 of he Act has been raised to five years and a fine of rupees fifteen thousand. (a) The minimum punishment for taking or abetting the taking of dowry under Section 3 of he Act has been raised to five years and a fine of rupees fifteen thousand. (b) The burden of proving that there was no demand for dowry will be on the person who takes or abets the taking of dowry. (b) The burden of proving that there was no demand for dowry will be on the person who takes or abets the taking of dowry. (c) The statement made by the person aggrieved by the offence shall not subject him to prosecution under the Act. (c) The statement made by the person aggrieved by the offence shall not subject him to prosecution under the Act. (d) Any advertisement in any newspaper, periodical, journal or any other media by any person offering any share in his property or any money in consideration of the marriage of his son or daughter is proposed to be banned and the person giving such advertisement and the printer or publisher of such advertisement will be liable for punishment with imprisonment of six months to five years or with fine up to fifteen thousand rupees. (d) Any advertisement in any newspaper, periodical, journal or any other media by any person offering any share in his property or any money in consideration of the marriage of his son or daughter is proposed to be banned and the person giving such advertisement and the printer or publisher of such advertisement will be liable for punishment with imprisonment of six months to five years or with fine up to fifteen thousand rupees. (e) Offences under the Act are proposed to be made non- bailable. (e) Offences under the Act are proposed to be made non- bailable. (f) Provision has also been made for appointment of Dowry Prohibition Officers by the State Governments for the effective implementation of the Act. The Dowry Prohibition Officers will be assisted by the Advisory Boards consisting of not more than five social welfare workers (out of whom at least two shall be women). (f) Provision has also been made for appointment of Dowry Prohibition Officers by the State Governments for the effective implementation of the Act. The Dowry Prohibition Officers will be assisted by the Advisory Boards consisting of not more than five social welfare workers (out of whom at least two shall be women). (g) A new offence of "dowry death" is proposed to be included in the Indian Penal Code and the necessary consequential amendments in the Code of Criminal Procedure 1973 and the Indian Evidence Act, 1872 have also been proposed. (g) A new offence of "dowry death" is proposed to be included in the Indian Penal Code and the necessary consequential amendments in the Code of Criminal Procedure 1973 and the Indian Evidence Act, 1872 have also been proposed.

14. Amendments to the Dowry Prohibition Act Sec 2: Dowry was defined as property or valuable security given “as consideration for marriage of the said parties” In 1984, it was amended to Property or valuable security given “in connection with the marriage of the said parties” The definition stated that property demanded “at or before or after the marriage” took place would constitute dowry In 1986, the inclusion of for 'or after the marriage' in the section 2 has broadened the term 'dowry.' The punishment for taking or abetting the taking of dowry was up to six months. The Section 3 provides the Minimum punishment for taking or abetting the taking of dowry has been sixth months can extend up to five years and a fine of rupees fifteen thousand. The Section 3 provides the Minimum punishment for taking or abetting the taking of dowry has been sixth months can extend up to five years and a fine of rupees fifteen thousand.

15. Criminal Provisions related to Dowry Consequent upon the aforesaid amendment Section 304B IPC was inserted in the Indian Penal Code and Section 113B was inserted in the Indian Evidence Act respectively. Consequent upon the aforesaid amendment Section 304B IPC was inserted in the Indian Penal Code and Section 113B was inserted in the Indian Evidence Act respectively. Section 304B of the Indian Penal Code reads as follows: - Section 304B of the Indian Penal Code reads as follows: - "304B. Dowry death. (1) Where the death of a women 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 or dowry, such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death. "304B. Dowry death. (1) Where the death of a women 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 or 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. 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. The essential ingredients which need to be proved in order to attract the offence of dowry death is as follows:- The essential ingredients which need to be proved in order to attract the offence of dowry death is as follows:- (i) Death is caused in unnatural circumstances. (i) Death is caused in unnatural circumstances. (ii) Death must have occurred within seven years of the marriage of the deceased. (ii) Death must have occurred within seven years of the marriage of the deceased. (iii) It needs to be shown that soon before her death, the deceased was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry (iii) It needs to be shown that soon before her death, the deceased was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry

16. Section 113B of the Indian Evidence Act was inserted by Act 43 of 1986 w.e.f. 5.1.1986. Section 113B of the Indian Evidence Act was inserted by Act 43 of 1986 w.e.f. 5.1.1986. It reads: It reads: "113B. Presumption as to dowry death. When the question is whether a person has committed the dowry death of a woman 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. "113B. Presumption as to dowry death. When the question is whether a person has committed the dowry death of a woman 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)“ 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)“ 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 pun­ ished with imprisonment for a term which may extend to three years and shall also be liable to fine 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 pun­ ished with imprisonment for a term which may extend to three years and shall also be liable to fine For the purpose of this section, “cruelty” means— For the purpose of this section, “cruelty” means— (a) any wilful 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 (a) any wilful 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 to meet such demand.] (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 to meet such demand.] The Supreme court in the case of 1994 SC 710), has observed that mental cruelty is such that if the wronged party continues to stay with his/her spouse there is reasonable apprehension of injury to the wronged party. The Supreme court in the case of V. Bhagat v. D. Bhagat, (AIR 1994 SC 710), has observed that mental cruelty is such that if the wronged party continues to stay with his/her spouse there is reasonable apprehension of injury to the wronged party. In the absence of any specific allegations of cruelty against the petitioners there is no offence under section 498-A. the complainant had also started living with the petitioner thereby condoning the acts of cruelty; Sukhbir Jain v. State, 1994 (1) CC cases 609 (HC) Del. In the absence of any specific allegations of cruelty against the petitioners there is no offence under section 498-A. the complainant had also started living with the petitioner thereby condoning the acts of cruelty; Sukhbir Jain v. State, 1994 (1) CC cases 609 (HC) Del.

17. Further Amendments Proposed by NCW to The Dowry Prohibition Act, 1961  The National Commission for Women (NCW) has proposed recommendations to amend the Dowry Prohibition Act, 1961 in 2009. The major recommendations include:- 1. Amendment to definition of dowry. 2. Provision for registration of lists of gifts received at the time of marriage. 3. Provision for separate penalties for giving and taking of dowry. 4. Penalties for non-maintenance of lists of gifts received at the time of the marriage. 5. Insertion of a new clause providing an opportunity to the woman to file a case at the place where the offence was committed or where she permanently/temporarily resides. 6. Protection officers appointed under the Protection of Women from Domestic Violence Act, 2005 to carry out the duties of the Dowry Prohibition Officers. The recommendations made by the NCW were discussed in an Inter-Ministerial meeting and the Dowry Prohibition (Amendment) Bill 2010 was drafted in consultation with the Ministry of Law and Justice. As a number of representations were received against the proposed amendments, the NCW held further consultation at the request of the Ministry and provided the minutes of the same. Thereafter, the Ministry held a Regional Consultation on 17 November, 2011 and a National Consultation on 12 January, 2012 with the representatives of State Governments, police, Legal Services Authorities etc., to discuss the issues in implementation of the Act and share best practices. The Ministry is currently examining the proposed amendments in the light of the deliberations made in these consultations.  The National Commission for Women (NCW) has proposed recommendations to amend the Dowry Prohibition Act, 1961 in 2009. The major recommendations include:- 1. Amendment to definition of dowry. 2. Provision for registration of lists of gifts received at the time of marriage. 3. Provision for separate penalties for giving and taking of dowry. 4. Penalties for non-maintenance of lists of gifts received at the time of the marriage. 5. Insertion of a new clause providing an opportunity to the woman to file a case at the place where the offence was committed or where she permanently/temporarily resides. 6. Protection officers appointed under the Protection of Women from Domestic Violence Act, 2005 to carry out the duties of the Dowry Prohibition Officers. The recommendations made by the NCW were discussed in an Inter-Ministerial meeting and the Dowry Prohibition (Amendment) Bill 2010 was drafted in consultation with the Ministry of Law and Justice. As a number of representations were received against the proposed amendments, the NCW held further consultation at the request of the Ministry and provided the minutes of the same. Thereafter, the Ministry held a Regional Consultation on 17 November, 2011 and a National Consultation on 12 January, 2012 with the representatives of State Governments, police, Legal Services Authorities etc., to discuss the issues in implementation of the Act and share best practices. The Ministry is currently examining the proposed amendments in the light of the deliberations made in these consultations.

18. Statistics for the year 2010-11 Dowry Prohibition Act (Incidence…5,182 Rate…0.4) The cases under this Act have decreased by 8.3% as compared to the previous year (5,650). 22.9% cases were reported from Andhra Pradesh (1,186) followed by Karnataka (1,077) accounting for 20.8% of total cases at the National level. The highest crime rate was reported from Odisha at 2.3 as compared to 0.4 at the National level. Dowry Deaths (Sec. 302, 304B IPC) (Incidence…8,391 Rate…0.7) These cases have increased by 0.1% over the previous year (8,383). 26.4% of the total such cases reported in the country were reported from Uttar Pradesh (2,217) alone followed by Bihar (1,257) (15.0%). The highest rate of crime (1.3) was reported from Bihar as compared to the National average of 0.7. Torture (Cruelty by Husband & Relatives) (Sec. 498-A IPC) (Incidence…94,041 Rate…7.9) ‘Torture’ cases in the country have increased by 5.0% over the previous year (89,546). 18.9% of these were reported from West Bengal (17,796). The highest rate of 26.0 was reported from Tripura as compared to the National rate at 7.9.

21. Criticism The root causes of the phenomenon of the dowry system lie much deeper than is generally realised. The law cannot put an end to human avarice, snobbery and desire to make a show of wealth. The root causes of the phenomenon of the dowry system lie much deeper than is generally realised. The law cannot put an end to human avarice, snobbery and desire to make a show of wealth. -91 st report, Law Commission of India. -91 st report, Law Commission of India. The social conditioning is so strong that more often than not, victims of cruelty and dowry harassment do not seek the legal recourse until its too late. The social conditioning is so strong that more often than not, victims of cruelty and dowry harassment do not seek the legal recourse until its too late. Also, the woman involved in a suit is maligned in every way possible and humiliated and the process of justice is so laborious and daunting that it is a punishment in itself. Also, the woman involved in a suit is maligned in every way possible and humiliated and the process of justice is so laborious and daunting that it is a punishment in itself. Also, enforcement officials are not sensitized and often, corrupt leading to a gross travesty of justice. Also, enforcement officials are not sensitized and often, corrupt leading to a gross travesty of justice. Lack of adequate support systems and fear of being a social outcast deters many a woman from seeking redressal under this Act. Lack of adequate support systems and fear of being a social outcast deters many a woman from seeking redressal under this Act.