Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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bhima balla (none)     02 June 2012

Dowry, stridhan and regular gifts

It is quite unclear as to what constitutes dowry, stridhan and regular gifts. Dowry is quite broad and unclear.

My opinion is:

1) should be demanded by one party against another party in consideration of marriage, with limitation period.

2) It must entail expectation that the demand be fulfilled madatorily by the other party.

3) It must be with the intention that the benefits are solely for the purpose of the demanding party.

Stridhan:

Must be any gift given by anybody to the bride around marriage for the sole benefit of the bride.

Regular gifts: Just any gift to anybody, anytime, any place!



Learning

 8 Replies

Deep Narayan (learning)     02 June 2012

Dowry according to law is something which is demanded by boy's side before,during and after marriage(within a stipulated period).

a gift is anything offered anytime.

and sridhan mean jewellary and others given to the girl by her parents and in-laws.

and as u have said very true it is really very unclear defination about these in our laws.

bhima balla (none)     02 June 2012

Unless we define these clearly how can anyone be charged under these laws? This should be the funadamental challenge to the question on dowry and dowry related harassment, is it not? These are practical questions. It is unbelievable that laws that have existed for decades does not even have a clear definition as to what constitutes a crime?

On one plane there are indiviuals who want to know what they can do in a particular personal situation. But there is also a call that all individuals must answer in defending their collective fundamental rights when such rights are assaulted by poor laws.

A discussion and various view points could be analysed and a definitions needs to be clarified. We can then fight to bring clarity in laws and ways to eliminate confusion. Practically, this will eliminate unnecessary charges against thousands of accused! It also helps focus on appropriate charges and reduce the burden on judiciary.

bhima balla (none)     02 June 2012

The relevancy of stridhan itself needs to be questioned in the changed modern scenario. There must be statute of limitation after which stridhan shall become common property and husband be vested with equal rights on it.

This must be so especially, if wife is not working.

threeleafe (awaited)     02 June 2012

The definition of dowry is pretty clear  - AS per section 2 of dowry prohibition act

 

 

“2. Definition of `dowry’.- “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 parent 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 mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Explanation I—…………(Omitted).

Explanation II—The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).”

 

 

There are two points to note - the money/valuable should be in consideration of marriage.

 

Stridhan is the girft given to wife at the time of marriage - so difference between this and dowry is pretty clear.

Regular gifs are customoary gifts - like ashirvadi - the money given by elders when you seek their blessing after the marriage.

 

Hope it clarifies.

bhima balla (none)     02 June 2012

 

Originally posted by :threeleafe
"
The definition of dowry is pretty clear  - AS per section 2 of dowry prohibition act

 

 

“2. Definition of `dowry’.- “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 parent 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 mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Explanation I—…………(Omitted).

Explanation II—The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).”

 

 

There are two points to note - the money/valuable should be in consideration of marriage.

 

Stridhan is the girft given to wife at the time of marriage - so difference between this and dowry is pretty clear.

Regular gifs are customoary gifts - like ashirvadi - the money given by elders when you seek their blessing after the marriage.

 

Hope it clarifies.
"

 Does it really?

So any gift given during marriage is to be treated as dowry under this definition? And that is an offence?

If that is so it is the most absurd thing ever!

What is consideration of marriage? How do you define such 'consideration'?

How does that differentiate 'clearly' between dowry and stridhan? Dowry is defined here as valuables given by either party to either party. So either party means wife included as well! So how does that differentiate dowry vs stridhan? Then giving gifts now is a crime? Again the question comes how do you determine 'consideration'? What constitutes consideration? What consideration should constitute crime?

That is why I said dowry should onl be limited to that which is 'demanded' by one party from another as a prerequisite for marriage or continuation thereoff. Evidence must be there before anyone can be charged with that. Existence of such evidence is needed for bringing a charge as heinous and draconian as DP act and 498a. Remember both are nonbailable, non compoundable and cognizable. Vague definitions do not measure up to it.

The vagueness is allowing bride's/ wife''s party to claim any gift as dowry-which is nonsense!


(Guest)
Originally posted by :bhima balla
" . There must be statute of limitation after which stridhan shall become common property and husband be vested with equal rights on it.

This must be so especially, if wife is not working.
"

I agree..If husband wears saree/kangan he should be vested equal rights on the property.

bhima balla (none)     03 June 2012

Wonder how many innocents have been charged and how many of these are falsely convicted under these vague definitions!!!

Rakesh   16 October 2015

If asking for dowr is a crime and I've heard that providing a dowry is also a crime...am I right?

If yes..then what actions can be taken against brides family?


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