The Dowry Prohibition (Haryana Amendment) Act, 1976

1. This Act may be calied the Dowry Prohibition (Haryana Amendment) Act, 1976.

2. For Sections 2, 3 and 4 of the Dowry Prohibition Act, 1961 (hereunder referred to as the principal Act), the following sections shall be substituted, namely :-

"2. Definitions.-In this Act, unless the context otherwise requires,-

(a) "dowry" means any property or valuable security given or agreed to be given-

(i) by one party to a marriage to the other party to the marriage; or

(ii) 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 after the marriage as consideration for 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.

Explanation I.-For the removal of doubts it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.

Explanation II.-The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).

(ii) "marriage expenses" shall include expenses incurred directly, or indirectly at or before the marriage on-

(a) Thakka, Sagai, Tikka, Shagan and Milni ceremonies;

(b) the gift made by one party to a marriage to the other party to the marriage, or by the parents, grand parents and brothers of either party to a marriage, to either party to the marriage or to any other person;

(c) the illumination, food and the arrangements for serving food to the members of the marriage party and other expenses incidental thereto.

Explanation.-For the removal of doubts, it is hereby declared that any gifts made to either party to the marriage other than those specified in sub-clause (b), at the time of marriage to either party to the marriage shall not be deemed to be marriage expenses.

3. Penalty for giving or taking dowry or for demanding dowry or for exceeding marriage expenses or for display of gifts etc.-No person shall-

(a) give or take or abet the giving or taking of dowry;

(b) demand, directly or indirectly, from the parents or guardians of a bride or bridegroom, as the case may be, any dowry;

(c) incur marriage expenses the aggregate value whereof exceeds five thousand rupees;

(d) display any gift made at or before the marriage in the form of cash, ornaments, clothes or other articles;

(e) take or carry in excess of-

(i) twenty-five members of the marriage party; and

(ii) eleven members of the band;

(f) deny conjugal rights to his wife on the ground that dowry has not been given or the dowry given is insufficient.

4. Penalty.-(1) If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.

(2) The court trying an offence under clause (f) of section 3 relating to conjugal rights may, at any stage of the proceedings, on the execution of a bond by the husband undertaking not to demand dowry and to allow conjugal rights to the wife, drop the proceedings.

(3) Any proceedings dropped under sub-section (2) shall revive if the court is satisfied, on an application made by the wife in this behalf, that the husband has failed to carry out the undertaking, or has otherwise acted contrary to the terms of the bond, and thereupon the court shall proceed with the case:

Provided that no application under this subsection shall be entertained if it is made after the expiry of a period of three years from the date on which the proceedings were dropped.

(4) The court may direct that the fine, if any, imposed for the contravention of clause (f) of section 3, or such portion thereof, as the court may deem proper, shall be paid to the wife".

3. In sub-section (2) of section 6 of the principal Act, for the words "or with fine which may extend to five thousand rupees, or with both", the words "and with fine which may extend to five thousand rupees" shall be substituted.

For section 7 of the principal Act, the following section shall be substituted, namely :-

"7. Cognizance of offences.-- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), -

(a) no court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;

(b) no court shall take cognizance of any such offence except on a complaint made by any party to the marriage or her father, mother or brother or a Gazetted Officer specially authorized by the State Government in this behalf, within a period of one year from the date of the marriage ;

(c) no court shall take cognizance of any such offence except with the previous sanction of the District Magistrate or of such officer as the State Government may, by general or special order, specify in this behalf;

(d) no enquiry shall be got made through any police officer below the rank of a Deputy Superintendent of Police;

(e) no woman shall be called to a police station for the purpose of an enquiry regarding any offence under this Act.".