Indian Penal Code (45 of 1860).

Penalty for giving or taking dowry.—

5[(1)] If any person, after the commencement of this Act,

gives or takes or abets the giving or taking of dowry, he shall be punishable

6[with imprisonment for a

term which shall not be less than

7[five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]: Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than

8[five years].]

9[(2) Nothing in sub-section (1) shall apply to, or in relation to,—

1. (a) presents which are given at the time of a marriage 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;
2. (b) presents which are given at the time of a marriage to the bridegroom (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: 1. 1st July, 1961, vide notification No. S.O. 1410, dated 20th June, 1961, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. The Explanation I omitted by s. 2, ibid. (w.e.f. 2-10-1985). 5. Section 3 renumbered as sub-section (1) of that section by s. 3, ibid. (w.e.f. 2-10-1985). 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 behalf, such presents are given.]

² Subs. by Act 43 of 1986, s. 2, for “or after the marriage” (w.e.f. 19-11-1986).

³ Subs. by Act 63 of 1984, s. 2, for certain words (w.e.f. 2-10-1985).

⁶ Subs. by s. 3, ibid., for certain words (w.e.f. 2-10-1985).

⁷ Subs. by Act 43 of 1986, s. 3, for certain words (w.e.f. 19-11-1986).

⁸ Subs. by s. 3, ibid., for “six months” (w.e.f. 19-11-1986).

⁹ Ins. by Act 63 of 1984, s. 3 (w.e.f. 2-10-1985).