Prosecution can be made u/s section 3 of dowry prohibition act
Mentally Depressed
(Querist) 11 August 2012
This query is : Resolved
Sir,
If girl's or her relatives file the case u/s 498-A/406 and in FIR they made declaration that they have given expensive items at the time of marriage
Kindly inform whether Section 3 which defines "penalty for giving or taking dowry" can be imposed on bride side when there was no demand from the side of groom and bride has not made list of the items ( description, signature of both parties)
3. Penalty for giving or taking dowry.-
1(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 2 with imprisonment for a term which shall not be less than 3 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 a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than 4 five years.]
5(2) Nothing is sub section (1) shall apply to, or in relation to, -
(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).
(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.
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
Guest
(Expert) 12 August 2012
Opportune time for intended prosecution has the relevance. Depends upon at what stage you intend to lodge a complaint, whether immediately at the time or after marriage takes place or after a very long time or when the bridegroom, himself, has already been booked under 498A by the bride's side.
