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Charges of d.p. act section 3&4 while no marriage takes place

Querist : Anonymous (Querist) 24 September 2011 This query is : Resolved 
Dear experts,
my brother had engagement ceremony, after that girl's parents refused to marry. a day before marriage date, they came and demanded to return money and other items which they have given during engagement. we have return some money and we have proof of this. In spite of that, a day after the marriage date they went to police and filed a case against us. Police has registerd the case under dp act section 3&4 and charged on us as we hve demanded a car and money, when demand doesn't met we have refused to marry. It is two years now, case is going on in lower court. both are now married separately. i want to ask u that what worst can happen with us in this case. can we go to jail if we are not able to proof that we have not demanded anything?
pls comment
regards
manoj
Raj Kumar Makkad (Expert) 24 September 2011
You have not to prove you innocence rather the complainant has to prove her case that you demanded the alleged items and refused to marry due to their failure in the fulfillment of your alleged demand.

If they successfully prove only then punishment may be awarded otherwise you shall be freed.
prabhakar singh (Expert) 24 September 2011
Defending one self is embedded in all creatures GOD has made,so also law recognizes it as right for humans.GENERALLY IT WOULD BE HARD FOR ANY COURT TO DIGEST THAT IT WAS GIRLS PARTY WHO BROKE THE MARRIAGE,THAT TOO A DAY BEFORE THE FIXED DATE.You have not stated
what was the real cause behind such a decision on such a time by the girl party.
In a case DP the accused party is under obligation to prove his innocence as ' The burden of proving that there was no demand for dowry will be
on the person who takes or abets the taking of dowry.' The Minimum punishment for taking or abetting the taking of dowry under section 3 of the Act has been raised to five years and a fine of rupees fifteen thousand.


""[4. Penalty for demanding dowry.-If any person demands, directly or
indirectly, from the parents or other relatives or guardian of a bride or
bridegroom, as the case may be, any dowry, he shall be punishable with
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 ten thousand
rupees:
Provided that the Court may, for adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment for a term of
less than six months.] ""


you have not stated of which state the matter is,as law has been found different in many states.

Any way you need to prove your innocence.As you state the boy is married to some other girl,their parents can be good witnesses that you did not ask any dowry from them.
Some men of reputation may also be produced
to prove that no dowry was demanded or taken by you and what ever was given and returned was a self willing act of girl party.
Above all you need to look for a reason that was revealed to girl party about the boy or its family ,which girl party was not ready to condone at any cost,that reason led them to break the engagement of marriage even a day before the date fixed for marriage .

your question as to"what worst can happen with us in this case. can we go to jail if we are not able to proof that we have not demanded anything?" has been already answered that subject to any amendment made by your own state ,the minimum sentence on proof of offence would be minimum 5 years of jail and a fine of 15,000/=or an amount given in dowry,which ever is greater.BUT IF THE CHARGES FRAMED ARE OF DEMAND ONLY,THE PUNISHMENT MAY BE 6 MONTHS OR LESS IF COURT HAS SOME REASONS TO REDUCE THE SAME.
I do not know all the facts of your case,may be a case cited below helps you,check it for your self,if it really does????Sakhi Mandalani v. State of Bihar (1999)5 S.C.C. 705: 1999 S.C.C.(Cr.)1039.
Ajay Bansal (Expert) 24 September 2011
See A.I.R. Manuals.
prabhakar singh (Expert) 24 September 2011
Amendment Act 43 of 1986-Statement of Objects and Reasons.-
The Dowry Prohibition Act, 1961 was recently amended by the Dowry
Prohibition (Amendment) Act, 1984 to give effect to certain recommendations
of the joint Committee of the Houses of Parliament to examine the question of
the working of the Dowry Prohibition Act, 1961 and to make the provisions of
the Act more stringent and effective. Although the Dowry Prohibition
(Amendment) Act, 1984 was an improvement on the existing legislation,
opinions have been expressed by representatives from women’s voluntary
organizations and others to the effect that the amendments made are still
inadequate and the Act needs to be further amended.

2. It is, therefore, proposed to further amend the Dowry Prohibition
Act,1961 to make provisions therein further stringent and effective. The
salient features of the Bill are :-
(a) The Minimum punishment for taking or abetting the taking of
dowry under section 3 of the Act has been raised to five years and
a fine of rupees fifteen thousand. (b) The burden of proving that there was no demand for dowry will be
on the person who takes or abets the taking of dowry.
(c) The statement made by the person aggrieved by the offence shall
not subject him to prosecution under the Act.
(d) Any advertisement in any newspaper, periodical journal or any
other media by any person offering any share in his property or
any money in consideration of the marriage of his son or daughter
is proposed to be banned and the person giving such
advertisement and the printer or publisher of such advertisement
will be liable for punishment with imprisonment of six months to
five years or with fine up to fifteen thousand rupees.
(e) Offences under the Act are proposed to be made non-bailable.
(f) Provision has also been made for the appointment of Dowry
Prohibition Officers by the State Governments for the effective
implementation of the Act. The Dowry Prohibition Officers will be
assisted by the Advisory Board consisting of not more than five
social welfare workers (out of whom at least two shall be women).
(g) A new offence of “dowry death” is proposed to be included in the
Indian Penal Code and the necessary consequential amendments
in the Code of Criminal Procedure, 1973 and in the Indian
Evidence Act, 1872 have also been proposed.
R.Ramachandran (Expert) 24 September 2011
Yet again another reply from Mr. Ajay Bansal, which to say the least is "useless" to anybody.
Raj Kumar Makkad (Expert) 24 September 2011
prabhakar singh has replied the query in very detailed manner.


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