dowry

Section 2 of the Dowry Prohibition Act, 1961 defines dowry as any property or valuable security given or agreed to be given, directly or indirectly, by one party to a marriage (or their parents or any other person) to the other party (or their relatives), at or before or any time after the marriage, in connection with the marriage. Mahr under Muslim personal law is excluded.

Giving, taking or abetting dowry is punishable under s.3 and demanding it under s.4. Presents given at the wedding without demand, entered in a list as required by rules, are not dowry. Dowry-related cruelty and death are separate offences under the BNS (ss.80, 85 and 86, old ss.304B and 498A IPC). The key words are “in connection with the marriage”; a demand years later can still be a dowry demand.

Example

The demand for a car two years after the wedding was still dowry, because s.2 covers property demanded “at any time after the marriage” in connection with it.

In Indian law

• Sections 2, 3 and 4, Dowry Prohibition Act, 1961

See also

dowry death · domestic violence

Read more in the study notes

• Offences relating to marriage: dowry death, bigamy and cruelty (Bharatiya Nyaya Sanhita)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• From the IPC to the BNS: background, extent and key reforms (Bharatiya Nyaya Sanhita)
• Mob lynching, death by negligence and hit and run (Bharatiya Nyaya Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Dying declarations (section 26(a)) (Bharatiya Sakshya Adhiniyam)