Upgrad LLM

even taj sir cannot answer this puzzle


Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]

 
does it apply to wife only or her parents also?
if it does how is giving dowry a crime
The Dowry Prohibition Act, 1961

 
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self employed

I can't even understand your question. I hope you find your answer though

 
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As per DP act

Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]

 
does it apply to wife only or her parents also?
if it does how is giving dowry a crime
 

if girl confirm dowry was given as aggrievedperson, she shall not be subjeced to prosecution under this act, I want to confirm if her parents also enjoy the same immunity.

If they have given dowry without groom side asking for/ it , who is liable for prosecution under this act.

Groom and his parents              or girls parent.s           
 

Interesting part of law is such gift can be easliy called stridhan instead of dowry whenever it suit girl side and dowry whenever it suit girl side.

 
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Law Consultant

@enjoylife

 

As the language of the statute is crystal clear, it uses the word "person" and it shows it applies to women and men both and does not create bar due to relations or anything.

 

This provision was made so that a witness should not be deterred by the law to give witness to support an aggreived due to his/her own wrongs done in another case.

 

//peace

/Saurabh..V

 
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Law Consultant

A person who is giving witness shall not be prosecuted but against whom the witness is given can be prosecuted.

 

This is not actually the matter being solely connected with DV Act in isolation. There is special provision in Evidence Act in this context. I have explained the reason in my above post. If you need the section from Evidence Act then let me know.

 

//peace

/Saurabh..V

 
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Thansk Saurabh

 

so husband can file a case for FIL and MIL giving dowry, if they have not given case under this section right or there any expection to this rule?

 
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Law Consultant

@enjoylife

 

In my understanding, this is technically and practically a bad idea to throttle the anger of the in-laws. You should refrain to be aggressive.

 

If there is dire need of such action, then also you should think twice. I see no reason how and why this case be filed against FIL or MIL. They gave dowry is correct but you also accepted it. So in my understanding where a girl and her family is put at a higher pedestal by the courts and laws, they would come out harmless.

 

//peace

/Saurabh..V

 
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Advocate

Find the Delhi H.C. Judgment on the point.  Even though wife is referred to, it is equally appliable to the parents of the wife to get protection under S.7(3) of the D.P. Act.



Attached File : 120332 192572 46 abh20102010crlw5012010.pdf downloaded 67 times
 
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it was mention in complaint that before marriage  neither husband or his parentsowry. made any demand
toward even the parents of wife gave 300 grams of gold, household article and furniture.

as per giving dowry judgement giving under force is is not crim, if they themself gave it , they shuld  be proescute

 

Or GREAT INDIA LAW IS APPLICABLE HERE TOO

 
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