The dowry prohibition act 1961

gayathri (Querist) 28 September 2013 This query is : Resolved
Under The Dowry Prohibition Act 1961, can a complaint be filed for S.3 after 1.5 years of the date of transaction? My family is under threat.Please help

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Nadeem Qureshi (Expert) 28 September 2013
Yes it can be file any time. there is no time limit to file the case in which the punishment is more then three year.

Rajendra K Goyal (Expert) 28 September 2013
Can be filed.

gayathri (Querist) 28 September 2013
Thanks experts sir. can you please explain what is the meaning of the section 7(b)? I am under threat.

7. Cognizance of offences. Notwithstanding anything contained in the Code of Criminal Procedure,
1898 , (5 of 1898 .)--

(a) no court inferior to that of a presidency magistrate or a 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 within one yearfrom the date of the offence;

(c) it shall be lawful for a presidency magistrate or a magistrate of the first class to pass any sentence
authorised by this Act on any person convicted of an offence under this Act.

M.Sheik Mohammed Ali (Expert) 28 September 2013
yes, within 7 years can claim and file a case.

R.K Nanda (Expert) 28 September 2013
nothing to add more.

V R SHROFF (Expert) 28 September 2013
nothing to add more.

Sudhir Kumar, Advocate (Expert) 29 September 2013
the concept of 7 years is applicable only in 304B cases.

Sudhir Kumar, Advocate (Expert) 29 September 2013
you have not stated facts of the case.

In case a wife has been abandoned for failure of dowry and remains abandoned for 20 years the offence continues.

Sarvesh Kumar Sharma Advocate (Expert) 29 September 2013
yes you can file the case and other queries are academic can be read easily in books !

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