conviction for self admission for the offense of "Giving Dowry" under Dowry Prohibition Act

Legal Fighter (Querist) 30 September 2008 This query is : Resolved
Hi All,

If the girl has lodged false FIR and in her FIR she has admitted of "Giving Dowry" by her family members, doesn't it make them punishable for the offense of "Giving Dowry". The police generally doesn't act on this line. How to proceed to get them convicted for this offense.

Please suggest.

Thanks & Regards,
Manish

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ARVIND JAIN (Expert) 30 September 2008
NO

kavita jain (Expert) 30 September 2008
Dowry offences are not cognizable. They are cognizable for the purpose of investigation only(S. 8(1) of the Dowry Prohibition Act, 1961. Since in the case of non-cognizable offences police makes the investigation only when a complaint is lodged.

Legal Fighter (Querist) 30 September 2008
Dowry offenses are cognizable except for the purpose of arrest of a person. The police has to act if it has got some knowledge of happending of the offense and the girl's statement gives them such information and they should act accordingly.

SHEKHAR MISHRA (Expert) 30 September 2008
Dear Manish ,
The Girl's statement regarding giving dowry can't be used against her because it does not disclose cognizable offence.

Legal Fighter (Querist) 30 September 2008
Crime is crime irrespective of the fact who has committed it. If the girl's statement's says that her in-laws demanded dowry and her parents gave it, then it surely makes the offence cognizable for both the demanding and giving parties. It is well settled priniciple of law that FIR need not only be registered onto the complainant's statement but it can be registered onto the statement of the accused. So how could the girl's statement doesn't make a cognizable offense for "Giving Dowry"?

Sudharsan.m (Expert) 01 October 2008
hi.In dowry prohibition act,it clealrly states that if any demand from bridegroom side then it is dowry, the burden of proof will be on bride's side, if no demand from bridegroom side,then it is sridhana.you cannot convict unless otherwise proper proof established on the petitioner's side.

Legal Fighter (Querist) 01 October 2008
u r right but conviction stage comes only after completion of the trial. for registration of FIR, i think the statement of girl alone is enough. who has demand or who has given will be established after investigation of trial. prima facie these allegations should be sufficient to be included as accused in the FIR.

anantha krishna n.v. Advocate (Expert) 05 October 2008
Sec.7(3) [(Note: Ins. by Act 43 of 1986, sec.6) Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]

This provision is the authority why they are not punished inspite of their admission.

Legal Fighter (Querist) 05 October 2008
Sir, i agree with you but this protection is just for the complainant and not for her parents and other family members. Moreover, if she has lodged a complaint just under 498A and I made a complaint under Dowry Prohibition Act, then I become the complainant and I should get the protection under 7(3)... ;)