Court : Supreme Court of India
Reported in : AIR2005SC2375; 2005(5)ALLMR(SC)570; 2005(2)BLJR1285; 2005(5)BomCR198; 2005CriLJ2598; 119(2005)DLT452(SC); I(2005)DMC805SC; [2005(3)JCR170(SC)]; JT2005(5)SC71; (2005)4SCC565
..... it is submitted that directions may be issued to the dowry prohibition officers to take immediate steps for strict enforcement and implementation of the provisions of section 3, 4, 4a and 6 of the dowry prohibition act, 1961 and rules 2 and 3 of the dowry prohibition (maintenance of lists of presents to the bride and bridegroom ..... all the interim directions which were issued in this case thus far, we further direct the union of india and the states to take more effective steps to implement the provisions of the dowry prohibition act, 1961 with particular reference to sections 3 and 4 thereof and the various rules framed thereunder. ..... pointed out is that the central government has not yet framed the rules under section 9(2)(b) of the dowry prohibition act, 1961 and a direction may be issued to the central government to frame the necessary rules. ..... that this court may direct the central government and the state governments to give wide publicity to the relevant provisions of the dowry prohibition act, 1961 and rules 2 and 3 of the dowry prohibition (maintenance of lists of presents to the bride and bridegroom) rules, 1985 by appropriate means including educating the student community about the relevant provisions and the mandatory requirements of the act and the rules. ..... the state governments are directed to devise means to create honest, efficient and committed machinery for the purpose of implementation of the dowry prohibition act, 1961 and the various rules framed thereunder.14. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR129; 2009CriLJ57
..... the provision of section 4 of the dowry prohibition act, 1961 made by the parliament and section 4 as amended by bihar act iv of 1976 made by the state legislature are, therefore, clearly in respect of the same matter and they are operating in the same field because for the purpose of launching prosecution under section 4 of the dowry prohibition act, the central law does not speak about the requirement of prior sanction, whereas the state law envisages that prior sanction of the government is require ..... dowry prohibition act 1961 as it stands today after amendment made in the year 1984 by acts 63 of 1984, now there is no requirement for obtaining prior sanction of the government for launching prosecution under section 4 of the dowry prohibition act, whereas in the state law as amended by bihar act iv of 1976, such requirement of prior sanction of the government for launching prosecution under section 4 of the act is still there. ..... . dowry prohibition act, 1961 by act 63 of 1984, now there is no requirement for taking prior sanction of the state government or such officer as the state government may, by general or special order, specified on that behalf for launching prosecution under section 4 of the dowry prohibition act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC809; 2003(1)ALD(Cri)445; 2003(1)ALT(Cri)340; 2003CriLJ900; I(2003)DMC201SC; JT2003(1)SC34; 2003(1)SCALE30; (2003)2SCC188; [2003]1SCR21
..... the statement of objects and reasons are as follows:-'the dowry prohibition act, 1961 was recently amended by the dowry prohibition (amendment) act, 1984 to give effect to certain recommendations of the joint committee of the house of parliament to examine the question of the working of the dowry prohibition act, 1961 and to make the provisions of the act more stringent and effective. ..... the dowry prohibition act, 1961 (act 28 of 1961) was enacted by the legislature effective from 20th may, 1961. ..... 1 and 2 were also charged under sections 3, 4 and 6 of the dowry prohibition act, 1961 (hereinafter the act) read with section 34 ipc. ..... it is, therefore proposed to further amend the dowry prohibition act, 1961 to make provisions therein further stringent and effective. ..... - 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). ..... realising that despite the dowry prohibition act, the evil practice of giving and taking of dowry remains unabated and the dowry related offences were menacingly on the increase, the act was amended by act no. ..... the committee, after examining the whole matter in great depth in its proceedings, recommended to examine the working of the dowry prohibition act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR786
..... when the giving or taking of dowry is prohibited and is made penal by the law made by the parliament, whether the provisions contained in the 'existing law' of the state providing for taking into account the amount spent on the dowry for performing the marriage while determining the share of an unmarried daughter or sister in a hindu joint family property can hold good after 1-7-1961, the date from which the dowry prohibition act, 1961, is brought into force. ..... the dowry prohibition act, 1961 (central act 28/61) prohibiting the giving or taking of dowry came to be enacted by the parliament and it was brought into force on 1-7-1961. ..... in the instant case, the words 'reasonable dowry' contained in clause (c) of sub-section (2) of section 8 of the mysore act only are repugnant and not the other provisions thereof, because the other provisions relate to different topic, which is not covered by the dowry prohibition act, 1961. ..... as the dowry prohibition act, 1961, stood at the time the marriage of the 6th respondent was performed, the giving or taking or abetting of giving or taking of dowry was an offence. ..... legislative competency of the dowry prohibition act 1961, is traceable to entry no. ..... the words 'reasonable dowry' contained in clause (c) of subsection (2) of section 8 of the mysore act are undoubtedly in conflict with the provisions contained in the dowry act, 1961, in as much as, giving or taking of dowry is made penal under the dowry prohibition act. .....
Tag this Judgment!Court : Karnataka
Reported in : I(1994)DMC356; ILR1993KAR3035; 1994(3)KarLJ335
..... the statement of objects and reasons for the said amending act, reads as under: 'the dowry prohibition act, 1961 was recently amended by the dowry prohibition (amendment) act, 1984 to give effect to certain recommendations of the joint committee of the houses of parliament to examine the question of the working of the dowry prohibition act, 1961 and to make the provisions of the act more stringent and effective. ..... it is, therefore, proposed to further amend the dowry prohibition act, 1961 to make provisions therein further stringent and effective. ..... section 8-a of the dowry prohibition act, 1961 (hereinafter referred to as the 'act') reads as under: '8-a. ..... the said point of law reads as under:- 'whether section 8-a of the dowry prohibition act, 1961 is constitutionally and legally valid?' 2. ..... although the dowry prohibition (amendment) act, 1984 was an improvement on the existing legislation, opinions have been expressed by representatives from women's voluntary organisations and others to the effect that the amendments made are still inadequate and the act needs to be further amended. 2. ..... (f) provision has also been made for the 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). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD(Cri)519; 2004(2)ALT504; 2004CriLJ1629
..... statement of objects and reasons is as follows :--'the dowry prohibition act, 1961 was recently amended by the dowry prohibition (amendment) act, 1984 to give effect to certain recommendations of the joint committee of the house of parliament to examine the question of the working of the dowry prohibition act, 1961 and to make the provisions of the act more stringent and effective. ..... the history of developments leading to the enactment of the dowry prohibition act, 1961 and the amendments to the act have been dealt with in a great deal in state of karanataka (2003 cri lj 900) (sc) ( ..... is, therefore, proposed to further amend the dowry prohibition act, 1961 to make provisions therein further stringent and effective ..... singh (1998 cri l j 4019) (supra), the observations of the supreme court are as follows (para 12) ;'learned counsel for a1 urged that any additional demand of dowry would not be covered by the definition of 'dowry' under section 2 of the dowry prohibition act, 1961. ..... dowry prohibition act 1961 was enacted by the legislature effective from 20th may, 1961 ..... further, it is necessary to extract the relevant provisions of the dowry prohibition act, 1961. ..... despite the dowry prohibition act, the evil practice of giving and taking of dowry remains unabated and the dowry related offences were menacingly on the increase, the act was amended by act no. ..... , after examining the whole matter in great depth in its proceedings, recommended to examine the working of the dowry prohibition act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1242; 2009(57)BLJR777; 2009CriLJ1123; JT2009(1)SC197; RLW2009(2)SC1714; 2009(1)SCALE230; (2009)3SCC726; 2009(1)LC299(SC); 2009AIRSCW536; 2009(1)LHSC378
..... the term 'dowry' has been defined in section 2 of the dowry prohibition act, 1961 (in short `dowry act') as under:section 2 ..... 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 same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... the appellant and two others faced trial for alleged commission of offence punishable under sections 306 and 304 part-b of the indian penal code, 1860 (in short the `ipc') and section 4 of the dowry prohibition act, 1961 (in short `dowry prohibition act').2. ..... that prosecution has not been able to prove its case beyond all reasonable doubts against the accused respondents for the offence under sections 306 and 304b ipc and section 4 of the dowry prohibition act.it is to be noted that the three accused persons were related to the deceased in the following manner:krishnalal is the husband of he deceased, puran chand is the uncle- in-law and prem kanwar, the present appellant is the ..... section 304b ipc and section 113b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VAD(SC)229; AIR1996SC2184; 1996(2)ALD(Cri)926; 1996(2)ALT(Cri)418; 1996(2)BLJR1329; 1996CriLJ3237; 1996(3)Crimes35(SC); II(1997)DMC100SC; JT1996(6)SC268; 1996(II)OLR(SC
..... before proceeding further, we consider it desirable to notice some of the relevant provisions of the dowry prohibition act, 1961.section 2-'dowiy' 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 ..... counsel appearing for the appellant submitted that the courts below had committed an error in not correctly interpreting the ambit and scope of section 4 of the dowry prohibition act, 1961 read with the definition of 'dowry' under section 2 of the said act. ..... the offence under section 4 dowry prohibition act, 1961 (hereinafter the act. ..... this evil, that led the parliament to enact the dowry prohibition act in 1961. ..... dowry prohibition act, 1961. ..... this cannot be a circumstances to exonerate him from his liability from demand of dowry under section 4 of the dowry prohibition act. ..... said parties, but does not include dower or mahr in case of person to whom the muslim personal law (shariat) applis>/psection 3-penalty for giving or taking dowry - 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 ..... act is intended to prohibit the giving or taking of dowry and makes its 'demand' by itself also an offence under section 4 of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC2184; 1996(3)Crimes35; 1996(102)CriLJ3237; 1996(5)SCALE78; 1996(4)SCC596; 1996SCC(Cri)792; 1996(1)MLJ(Crl)730
..... rao, the learned senior appearing for the appellant, submitted that the courts below had committed an error in not correctly interpreting the ambit and scope of section 4 of the dowry prohibition act, 1961 read with the definition of 'dowry' under section 2 of the said act. ..... for six months for the offence under section 4, dowry prohibition act, 1961 (hereinafter the act). ..... proceeding further, we consider it desirable to notice some of the relevant provisions of the dowry prohibition act, 1961. ..... was to curb this evil, that led parliament to enact the dowry prohibition act in 1961. ..... anand, j.the appellant along with his brother was tried for offences under section 420, ipc read with section 4 dowry prohibition act, 1961. ..... , i feel that this cannot be a circumstance to exonerate him from his liability from demand of dowry under section 4 of the dowry prohibition act." *21. ..... the said parties, but does not include dower or mahr in the case of persons to whom the muslim personal law (shariat) applies.................................................section 3 - penalty for giving or taking dowry - 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 ..... act is intended to prohibit the giving or taking of dowry and makes its 'demand' by itself also an offence under section 4 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995Supp(2)SCC734
..... the dowry prohibition act, 1961 was enacted in 1961 and object of the act is to prohibit the evil practice of giving and taking of dowry. ..... matter arises under the dowry prohibition act, 1961. ..... the state preferred an appeal to the high court and a division bench of the high court, while confirming the acquittal under section 306 ipc, interfered and convicted the three appellants under section 4 of the dowry prohibition act and sentenced each of them to undergo six months' imprisonment and to pay a fine of rs 2000 each, in default to further undergo ri for two months. ..... that the high court has convicted with reference to the receipt of rs 10,000 which was being kept in fixed deposit and not with reference to payment of rs 50,000 and, therefore, the conviction under section 4 of the dowry prohibition act is illegal and there is no charge framed found under section 3 of the ..... is a reasonable inference in the facts and circumstances of the case and, therefore, the absence of charge under section 3 of dowry prohibition act does not make any difference since an offence under section 4 of the act ibid is clearly made out against a-1. ..... the accused holding that the prosecution case regarding the payment of rs 50,000 is doubtful and, at any rate, the same is not proved beyond all reasonable doubt and consequently, no offence under section 4 of the dowry prohibition act was made out. ..... commenced and sometime later during the course of the trial, a charge under dowry prohibition act was also framed. .....
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