REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 77] NEW DELHI, TUESDAY, SEPTEMBER II, 1984 BHAPRA 20, 1906 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 11th September, 1984/Bhadra 20, 1906 (Saka) The following Act of Parliament received the assent of the President on the 11th September, 1984, and is hereby published for general information:— THE DOWRY PROHIBITION (AMENDMENT) ACT, 1984 No. 63 OF 1984 [11th September, 1984] An Act to amend the Dowry Prohibition Act, 1961.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: —
1. (1) This Act may be called the Dowry Prohibition (Amendment) Act. 1984.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Short title and commonce-
2. In section 2 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the principal Act) ,— Amendment of section
2.
28 of 1961.
(a) for the words "as consideration for the marriage of the said parties, but does not include", the words "in connection with the marriage of the said parties, but does not include" shall be substituted;
(b) Explanation I shall be omitted.
(1) 2 THE GAZETTE OF INDIA EXTRAORDINARY [P.utr II—
3. Section 3 of the principal Act shall be renumbered as sub-section
(1) of that section and,— Amendment of section
3. (a) in sub-section (1) as so renumbered, for the words "with imprisonment which may extend to si* months, or with fine which may extend to five thousand rupees, or with both", the following shall be substituted, namely: — "with imprisonment for a term which shall not be legs than 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:
Provided that the Court may, for adequate and specialreasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months.";
(b) after sub-section (1) as so renumbered, the following subsection shall be inserted, namely: — "(2) Nothing in sub-section (1) shall apply to, or in relation t o -
(a) presents which are given at the time of a mumage 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;
(h) presents which are given* at ttie time of a marriage to the bridogrorrn (without any demand having hee^. 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 behalfi such presents are given.",
4. For section 4 of the principal Art, the following section phwll be substituted, namely: — Substitu.
lion of section 4.
"4. If any person demands, directly or indirectly, from the parents or other relatives; n- •mardicm of a bride or bridegroom, as the ense may be,' any dowrr, he shall be punishable with Impn^onir. "' for n term which ^hall not be less than six months, but which may e Mt and ,o two years and with fine which may extend to ten thousand r,inpP=.
Penalty for dem/mdjng dowry.
Provided that the Court may, for adequate and special -pasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.1'.
5- In section 6 of the principal Act,—
(a) in sub-section (1), for the words "one year", wherever they occur, the words "throe months" shall be substituted;
Amendment of §ectian.(k SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(b) for sub-section (2), the following sub-section shall be substituted, namely: — " (2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which may extend to ten thousand rupees or with both.";
(c) after sub-section (3), the follbwing sub-section shall be inserted, namely: — "(3A) Where a person convicted under sub-section (,?> for failure to transfer any property as required by sub-section (1) has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, hei heirs, ihe Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from himj as if it were a fine imposed by such Court and paid to such woman or, as the case may be, her heirs.".
fi. For .section 7 of the principal Act, the following section shall be substituted, namely: — Substitution of ;̂t:tion 7.
'7. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— Cognizance of ofi\;ncas.2 of 1974.
(a) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of Jie first class shall try any offence under this Act;
(b) no court s^all ta^e cognizance of an offence under this Act except upon—
(i) its own knowledge or a police report of the tacts which constitufe such offence, or
(u) a complaint h\ the person aggrieved by the offence or a parent or o1Ltr relative of such person, or by any recognized welfare institution or organisation;
(c) it shall be lawiul for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by 1his Act on any person convicted of any offence under this Act,
Explanation.—For the purposes of this sub-section, "recognized welfare institution or organisation" means a social welfare institution or organisation recognized in this behalf by the Central or State Government.
4 THE GAZETTE OF INDIA EXTRAORDINAHY [PART II—SEC. 11
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973, shall apply to any offence punishable under this Act.'. 2 of 1974.
7. For section 8 of the principal Act, the following section shall be substituted, namely: — Substitution of section 8.
"8. (J> The Code of Criminal Procedure, 1973 shall apply to offences under this Act as if they were cognizable offences—
(a) for the purposes of investigation of such offences; and
(b) for the purposes of matters other than—
(i) matters referred to in section 42 of that Code; and
(ii) the arrest of a person without a warrant or without an order of a Magistrate.
(2) Every offence under this Act shall be bailable and noncompoundable.1'.
2 of 1974.Offences to hi •oognlza- Me for certrr'n purposL and to be bailable and noncompound.
^ble.
8. In section 9 of the principal Act, sub-section (2) shall be renumbered as sub-section (3) thereof, and before sub-section (3) as so renumbered, the following sub-section shall be inserted, namely:— Amendn.ent of section 9.
"(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of section 3 shall be maintained and all other matters connected therewith; and
(b) the better co-ordination of policy and action with respect to the administration of this Act.".
R.V. S. PERI SASTRI, Secy, to the Govt, of India.
CORRIGENDA In the Levy Sugar Price Equalisation Fund (Amendment) Act, 1984 (54 of 1984), as published in the Gazette of India, Extraordinary, Part II, Section 1 (No. 68), dated the 23rd August, 1084: —
(i) at page 1, in line 5, for "30th August, 1984", read "23rd August, 1984";
(ii) at page 5, in line 15, for "befor", read "before".
PRINTED BIT THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD.
NEW DELJV AND PUBLISHED BY THE CONTROLLER OF FTTBLICATIONS, DELHI, 1 9 8 4