INTRODUCTION:

Dowry is derived from the ancient Hindu custom of "kanyadan", where the father gives his
daughter gems and garments at the season of her marriage, and "vardakshina", where the
father of the lady gives the son-in law money or kind. Both of these were done intentionally
and out of warmth and adoration. Nowadays, these traditions have rendered coercive and
mercilessly hazardous1. What was initially expected to be a taken dakshina for the groom has
now left extent and has accepted the classification 'settlement'. Amid the most recent couple
of decades the shades of malice of share framework has taken an intense structure in all parts
of the nation and in every one of the segments of society. In an offer to kill this evil from the
general public, the State Governments of Bihar and Andhra Pradesh authorized "The Bihar
Dowry Restraint Act, 1950" and "The Andhra Pradesh Dowry Prohibition Act, 1958" for the
individual States, however both these authorizations neglected to accomplish the destinations
for which they were sanctioned. On 24th April, 1959 the settlement Prohibition Bill, 1959
was presented in the Lok Sabha. After some discourse, the Bill was sent to a Joint Committee
of both the Houses of Parliament. The Dowry Prohibition Bill was at long last gone in the
Joint Sittings of both the Houses of Parliament and it turned into an Act - The Dowry
Prohibition Act, 1961 (28 of 1961) and it got the consent of the President on 20thMay 1961 2 .
In spite of the way that in the most recent couple of decades the Dowry Prohibition Act has
been made more stringent, the way of life of share giving is spreading even to groups, which
has no such convention maybe a couple era prior. As per an article in Time magazine, deaths
in India identified with endowment requests have expand 15-fold subsequent to the mid1980s from 400 a year to around 5,800 a year by the center of the 1990's . Endowment deaths
in Punjab have ascended from 55 in 1986 to 157 by 1997. Additionally, for each reported
case, 299 go unregistered. As per sociologists, just 5 percent of reported cases are
legitimately sought after3 . An IDC study says that 85 percent of dowry deaths and 80 percent
of dowry badgering cases in Punjab happen among the lower and working classes. The
principle explanation for these deaths is the sudden luxuriousness in country Punjab in the
mid '80s sustained share as a way to upward material portability. The classification of
1 http://www.hindunet.org/srh_home/1996_2/msg00193.html, Bride burning and
dowry deaths in India
2 The Dowry Prohibition Act 1961, dowryprohibition.doc
3 http://www.india-today.com/itoday/15121997/behave.html

"Dowry deaths" in a specialized sense incorporates just those that have been reserved by the
police under the pertinent areas of law. The mischance cases that were shut for need of proof
however were to a great extent because of stove blasts and kitchen mishaps. Information
answered to Frontline magazine by police division of Karnataka in general demonstrates that
out of 3826 deaths recorded as a accident in 1997, 1715 were associated with stove and
cooking gas chamber blasts.
RESEARCH METHODOLOGY:
The fundamental goal of this report is to study and analyse the Dowry Prohibition Act and
how this can be utilized to ensure that women and their families against the dowry evil. The
third and fourth chapter of this report depicts Dowry Prohibition Act and the significant
procurements of Indian Penal Code and Evidence Act. The fifth chapter depicts what are
essential blemishes and ambiguities in the law; it additionally displays few confirmations
where this law has not been appropriately actualized and been abused. The last segment of
the report discusses what ought to be done to make this law more powerful. The analyst has
utilized explanatory analytical and critical research methodology.
RELEVANT PROVISIONS OF INDIAN PENAL CODE AND EVIDENCE ACT:
IPC Section 304 - B deals with dowry death
When the death of a married woman is caused by any burns or bodily injury or occurs under
abnormal or suspicious circumstances within seven years of her marriage duration and it is
clearly shown that soon before her death she was subjected to cruelty or harassment or torture
by her husband or any relative of her husband or in laws for, or in connection with, any
demand for dowry, such death shall be called as "dowry death", and such husband or relative
or in law s deemed to have caused her death. Whoever commits dowry death shall be
punished with imprisonment for a term minimum of seven years which may extend to
Imprisonment for life4.
IPC Section 498 - A deals with husband or relative of husband of the subjecting her to
cruelty
Whoever being the husband or the relative of the husband or in law of a woman, subjects
such woman to cruelty or harassment or torture shall be punished with imprisonment for a
4 Vij K. Textbook of Forensic Medicine and Toxicology. 5th edition. Elsevier, 2011, p. 206.

term which may extend up to three years and shall also be liable to pay fine. The cruelty can
be either mental or physical torture which drives the women to commit suicide or to cause
serious injury, or danger to life or health.5
CrPC Section 176(1) provides inquest by executive magistrate and CrPC section 174(3)
provides as follows:
When

The case involves suicide by a woman within seven years of her marriage
The case relates to the death of a woman within seven years of her marriage in any
circumstances raising a reasonable suspicion that some other person committed an

offence in relation to such woman, or

The case relates to the death of a woman within seven years of her marriage and any
relative of the woman has made a request in this behalf, the police officer will forward
the body for autopsy to the nearest medical officer for opinion6.

IEA Section 113 - A deals with presumption as to abetment of suicide by a married

woman
When the question is whether the commission of suicide by woman had been abetted by her
husband or any relative her husband and it is shown that she had committed suicide within a
period of seven years from the date of her manage and her husband or such relative of her
husband had subjected to cruelty, the court may presume, having regard to all the other
circumstances of the case, that such suicide had been abetted by her husband or by such
relative of her husband7.
IEA section 113 B deals with 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.

5 Reddy KSN. The Essentials of Forensic Medicine and Toxicology. 31st edition. Om Sai Graphics, 2012, p.
273.

6 Mathiharan K., Patnaik AK. (edi.) Modis Medical Jurisprudence and Toxicology. 23rd edition. LexisNexis,
Butterworths, 2006, p. 21.

7 Parikh C.K. Parikhs Textbook of Medical Jurisprudence and Toxicology, 5th edition. 1996, p. 385, 386.

THE DOWRY PROHIBITION ACT:

The dowry prohibition came into force on 1st July 1961; it was later amended in 1984 and
1986. It extends to whole India except the State of Jammu and Kashmir. According to the act,
the dowry means: Any property or valuable security given or agreed to be given either
directly or indirectly:

By one party to the marriage to the other party to the marriage, or

By 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 applied.

PUNISHMENTS UNDER THIS ACT:

Offences identified with those specified in subsection 1 and 2 underneath, are cognizable,
non-bailable, and non-compoundable. The base stature of power to take awareness, attempt a
case and maintain a sentence under this Act should be a First class Metropolitan Magistrate or
Judicial Magistrate. The courts must take awareness of offenses by excellence of a police
report or a grievance from the casualty/relatives of the casualty/perceived welfare association,
and such grumblings can't be pulled back by out of court bargain. The weight of evidence,
which means, defending that an offense under this demonstration is not propagated without
anyone else, for such cases might rest upon the charged. Aside from this, Dowry forbiddance
officers are selected by the State Governments to practice their purview and force under the
procurements of this Act.