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The
Dowry System has become a big menace
in the society and has risen as a big social
issue that needs to be curbed immediately.
There is no day when you do not hear any
such cases of bride burning or bride harassment.
Dowry in the simple sense of the term refers
to the money, gifts, goods or estate that
the bride brings from her parents to the
husband's house after her marriage.
The giving,
taking or even abetting to give or take
dowry amounts to an offence punishable with
imprisonment for not less than 5 years and
with fine which shall not be less than RS.
15,000 (Fifteen thousand) or the amount
of value of the dowry, which ever is more.
A Complaint
may be made in the following manner
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A
complaint may be filed in the court
of the Metropolitan Magistrate or the
Magistrate of the first class.
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The
person aggrieved of the offence A parent
or Other relation of such person or
by a recognized welfare institute or
organization.
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A
complaint may be filed by the above
mentioned persons in the police station
or in the crime against women Cell who
then make an investigation in the matter
and report the facts to court which
then takes cognizance of the matter.
(Cognizance means notice or knowledge
upon which a judge is bound to act).
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The
Metropolitan Magistrate or the Magistrate
of the first class may take cognizance
himself if such facts come to his own
knowledge.
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A
complaint may be filed under the Indian
Penal Code for cruelty by husband or
relatives of husband.
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The
Code of Criminal Procedure shall apply
to offences under the Dowry Prevention
Act as if they were cognizable offences
(cognizable offence is one in which
a police officer may arrest without
warrant) for the purpose of investigation
of such offences. arrest of a person
without a warrant or without order of
a magistrate.
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Every
offence under this Act is a non bailable
and non compoundable offence (that which
cannot be compromised or settled out
of court, between the complainant and
the accused, at any stage of the trial)
Burden of Proof
Where any person is prosecuted for taking
or abetting the taking of any dowry or the
demanding of dowry, the burden of proving
that he has not committed an offence shall
be on him. (One of the principles of the
Indian Criminal Law is that a person is
innocent until proven guilty and the onus
of proving the guilt is on the complainant
/ prosecutor. This onus has been shifted
in certain specific offences such as Dowry,
Rape, etc.).
Penalty
for taking or giving dowry
The giving, taking or even abetting to give
or take dowry amounts to an offence punishable
with imprisonment for not less than 5 years
and with fine which shall not be less than
RS. 15,000 (Fifteen thousand) or the amount
of value of the dowry, which ever is more.
Penalty for Demanding dowry
If any person demands directly or indirectly,
from the parents or other relatives of a
bride or bridegroom, as the case may be,
any dowry, he shall be punishable with an
imprisonment for a term which shall not
be less than six months but which may extend
to two years and with fine which may extend
to RS. 10,000 (ten thousand).
Limitation
There is no period of Limitation for filing
a complaint under the Dowry Protection Act.
For example: If a person was harassed for
dowry in the year 1996 she can file a complaint
in the year 2001 or even later as for prosecution
under the Act bar of limitation has been
removed.
Dowry Prohibition Officers
The Act also empowers the State Government
to appoint Dowry prohibition officers and
they have the following powers and functions.
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To
ensure the compliance of the Act.
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To
prevent the taking or demanding of dowry.
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To
collect evidence necessary for the prosecution
of persons committing offence under
the Act.
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To
perform additional functions as may
be assigned to him by the State Govt.
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