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DOWRY PROHIBITION ACT, 1961
DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985
1. Short title and commencement 27
2. Rules in accordance with which lists of presents are to be maintained 27
Dowry Prohibition Act, 1961
[28 OF 1961]*
An Act to prohibit the giving or taking of dowry.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Dowry Prohibition Act, 1961.
(2) It extends to the whole of India 1[***].
(3) It shall come into force on such date2 as the Central Government may, by noti cation in the Of cial Gazette, appoint.
De nition of “dowry”.
2. 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 3[or any time after the marriage] 4[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.
*Dated 20-5-1961.
1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
2. With effect from 1-7-1961.
3. Substituted for “or after the marriage” by the Dowry Prohibition (Amendment) Act, 1986, w.e.f. 19-11-1986.
4. Substituted for “as consideration for the marriage of the said parties, but doesn’t include” by the Dowry Prohibition (Amendment) Act, 1984, w.e.f. 2-10-1985.
5[***]
Explanation II.— The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860)*.
COMMENTS
SECTION NOTES
The term “dowry” means any property or valuable security given on 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
Such giving or agreement is at or before or any time after the marriage in connection with the marriage of the said parties,
The term “dowry” does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code [now section 2(31) of Bharatiya Nyaya Sanhita, 2023 (BNS)]
See also Section 3(2) CASE LAWS
Definition of Dowry - Expansive Interpretation in Demand for Money - The Supreme Court examined whether a demand for money for constructing a house falls within the ambit of “dowry” as defined under section 2 of the Dowry Prohibition Act. The High Court had erroneously held that such a demand does not qualify as dowry. The Supreme Court disagreed, ruling that any demand made directly or indirectly in connection with marriage, including money for construction purposes, constitutes dowry. It emphasized the need for an expansive interpretation to address the social evil of dowry. The conviction under sections 304B and 498A IPC was restored, reducing the sentence to seven years of rigorous imprisonment - State of Madhya Pradesh v. Jogendra AIRONLINE 2022 SC 24.
STATE AMENDMENT
Section 2
Substitute—
‘2. De nitions.—In this Act, unless the context otherwise requires,— (i) “dowry” means any property or valuable security given or agreed to be given either directly or indirectly,—
5. Omitted by the Dowry Prohibition (Amendment) Act, 1984, w.e.f. 2-10-1985. Prior to its omission, Explanation I read as under:
“Explanation I.—For the removal of doubts, it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.”
* Now section 2(31) of the Bharatiya Nyaya Sanhita, 2023.
(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 after the marriage as consideration for 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 I.—For the removal of doubts it is hereby declared that any presents made at the time of marriage of either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation II.—The expression “valuable security” has the same meaning as in section 30 of the Indian Panel Code (45 of 1860)*.
(ii) “Marriage expenses” shall include expenses incurred directly or indirectly at or before the marriage on,—
(a) Thakka, Sagai, Tikka, Shagun and Milni ceremonies;
(b) the gifts made by one party to a marriage to the other party to the marriage or by the parents, grand-parents and brothers of either party to a marriage, to either party to the marriage or the blood relations thereof;
(c) illumination, food and the arrangements for serving food to the members of the marriage party and other expenses incidental thereto.
Explanation.—For the removal of doubts it is hereby declared that any gifts made by a person other than those speci ed in sub-clause (b), at the time of marriage to either party to the marriage shall not be deemed to be marriage expenses’ - [Vide Dowry Prohibition (Haryana Amendment) Act, 1976, w.e.f. 5-8-1976].
Penalty for giving or taking dowry.
3. 6 [(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 7[with imprisonment for a term which shall not be less than 8[ ve years, and with ne which shall not be less than fteen 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 9[ ve years].]
10[(2) Nothing in sub-section (1) shall apply to, or in relation to,—
6. Section 3 renumbered as sub-section (1) thereof by the Dowry Prohibition (Amendment) Act, 1984, w.e.f. 2-10-1985.
7. Substituted for “with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both”, ibid
8. Substituted for “six months, but which may extend to two years, and with fine which may extend to ten thousand rupees or the amount of the value of such dowry, whichever is more” by the Dowry Prohibition (Amendment) Act, 1986, w.e.f. 19-11-1986.
9. Substituted for “six months”, ibid
10. Inserted by the Dowry Prohibition (Amendment) Act, 1984, w.e.f. 2-10-1985.
* Now section 2(31) of the Bharatiya Nyaya Sanhita, 2023.
S. 3
(
(
DOWRY PROHIBITION ACT, 1961 4
a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]
COMMENTS
SECTION NOTES
Section 3(1) of the said Act provides for penalty for the offence of giving or taking or abetting the giving or taking of dowry. Section 3(2) provides that 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 having been made in that behalf) subject to the condition that:
Such presents are entered in a list maintained in accordance with the rules made under this Act; [See Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985]
(
b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf) subject to the condition that:
Such presents are entered in a list maintained in accordance with the rules made under this Act [See Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985]; and
Where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the nancial status of the person by whom, or on whose behalf, such presents are given.
Giving or taking of presents in (a)/(b) above shall not be an offence u/s 3(1) and is not punishable u/s 3(1).
The offence u/s 3(1) is non-bailable and non-compoundable [Section 8 (2)]
See Section 8A for burden of proof in prosecution for the offence of taking dowry or the abetting of taking dowry.
CASE LAWS
Quashing of Complaint - Absence of Evidence for Dowry Demand - The Supreme Court considered a petition to quash an FIR filed under sections 498-A IPC and section 3 of the Dowry Prohibition Act. The appellant’s in-laws were accused of demanding dowry, but the Court found that the complaint did not establish a prima facie case for dowry demand against the in-laws. It held that vague and unsubstantiated allegations do not suffice to proceed with charges under the Dowry Prohibition Act. The appeal was allowed, and the FIR against the in-laws was quashed, while proceedings against the husband were left unaffected for trial - Tabrez Khan Alias Guddu v. State of Uttar Pradesh 2019 (5) ALJ 144.
DOWRY PROHIBITION ACT 1961 WITH DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES 1985 – BARE ACT
WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364552813
NO. OF PAGES : 36
BINDING TYPE : PAPERBACK
DESCRIPTION
Mediation Act 2023 with Rules [Bare Act with Section Notes] by Taxmann is a comprehensive legal text on India's dowry prohibition laws. It consolidates the principal Act, subsequent amendments, relevant Rules, and section-wise notes to guide readers through the legal framework, including the procedures for maintaining lists of presents exchanged at marriages. This book is intended for the following audience:
• Legal Practitioners & Judiciary
• Law Students & Academics
• Social Workers & NGOs
• General Readers
The Present Publication is the 2025 Edition, covering the amended and updated text of the Dowry Prohibition Act [Act No. 28 of 1961] and Rules, with the following noteworthy features:
• [Complete Text of the Act] Reflecting all amendments up to the latest date
• [Dowry Prohibition (Maintenance of Lists of Presents) Rules 1985] Guidelines on maintaining lists of gifts exchanged during marriage
• [Section-by-section Notes] Interpretations and clarifications in concise language
• [Case Law References] Illustrative judgments showcasing the practical application of the Act
• [State Amendments & Variations] Summaries of different State-level modifications for jurisdictional comparisons
• [Pre-amendment Provisions] Text of earlier provisions for understanding historical context and transitional application
• [User-friendly Formatting] Bold headings, clear fonts, and structured layout for quick reference