Dowry - Definition - Law Dictionary Home Dictionary Definition dowry

Definition :

Dowry [dos mulieris, Lat.], otherwise called maritagium, or marriage goods, that which the wife brings the husband in marriage. This word should not be confounded with dower, Co. Litt. 31.

Means any property or valuable security given or agreed to be given either directly or indirectly--

by one party to a marriage to the other party to the marriage; or

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. [Dowry Prohibition Act, 1961 (28 of 1961), s. 2]

The word 'dowry' in, s. 304B has to be understood as it is defined in, s. 2 of the Dowry Prohibition Act, 1961. There are three occasions related to dowry. One is before the marriage, second is at the time of marriage and the third is 'at any time' after the marriage. The third occasion may appear to be an unending period. But the crucial words are 'in connection with the marriage of the said parties'. This means that giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties. There can be many other instances for payment of money or giving property as between the spouses. For example, some customary payments in connection with birth of a child or other ceremonies are prevalent in different societies. Such payments are not enveloped within the ambit of 'dowry', Satvir Singh v. State of Punjab, AIR 2001 SC 2828 (2834): (2001) 8 SCC 633. [Dowry Prohibition Act, 1961 (28 of 1961), s. (2); Indian Penal Code, 1860, s. 304B]

See also Ramesh Panjiyar v. State of Bihar, (2005) 2 SCC 388 (395).

The term 'Dowry' not restricted to agreement or demand for payment of dowry not only before or at the time of marriage but also includes demand made subsequent to marriage, State of Andhra Pradesh v. Raj Kumar Asava, AIR 2004 SC 1933 (1936); see also Vidhya Devi v. State of Haryana, (2004) 9 SCC 476. [Indian Penal Code (45 of 1860), s. 304B; Dowry Prohibition Act, 1961, s. 2]

Voluntary presents given at or before or after the marriage to the bride or the bridegroom as the case may be, of a traditional nature, which are given not as a consideration for marriage but out of love, affection or regard, would not fall within the mischief of the expression 'dowry' made punishable under the Dowry Act, Reema Aggarwal v. Anupam, (2004) 3 SCC 199.

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, Satvir Singh v. State of Punjab, (2001) 8 SCC 633. [Dowry Prohibition Act, 1961, s. 2).