Naveen (BI Consultant) 21 April 2015

Marriage gifts a prima facie evidence

Dear Experts,

Further to discharge query as in below post.

https://www.lawyersclubindia.com/forum/Evidence-at-the-time-of-discharge-application-119686.asp#.VTXaqM7xr-g

There are marriage gifts exchanged from both party, police submits only marriage photos where they are giving customary gifts but they haven't submitted photos/evidence which we gave to girl side. I have seen SC judgements which indicates customary gifts are not considered as dowry and also such gifts will be considered to be dowry if it is proven to be taken to make marriages, Please let me know if such marriage photos are considered as prima facie evidence at the time of discharge.

Thanks.

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Naveen (BI Consultant) 22 April 2015

I was referring to SC judgement for CRIMINAL APPEAL NO. 11 OF 2002, which says.

13. Section 2 of the Dowry Prohibition Act, 1961 (in short ‘Dowry Act') defines "dowry" as under:- Section 2. Definition of 'dowry' In this Act, ‘dowry' means any property or valuable security given or agreed to be given either directly or indirectly
(a) by one party to a marriage to the other party to the marriage; or

(b) 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 any time after the marriage in connection with the marriage of the said parties, but does not include dower or mehrin 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 in Section 30of the Indian Penal Code (45 of 1860)."

I know for trial they will not be considered as evidence to prove they are dowry, but for discharge application will that be considered as prima facie evidence, please advice ?