cpc

to file criminal case on girl's family for offering dowry

Systems Engineer

 

Respected experts,

 

I am posting this for my friend. I have heard that both giving and taking dowry is an offence.

Is there a case, where the girl and the family were charged for offering dowry?If there is one, please share the reference.

My friend has a video proof where the girl's elders offer more money and gold for his marriage. And his mother denies the offer and says that she only wants a good daughter in law to their family. This conversation, that happened during engagement, is clearly recorded in video.

Can this be used as proof by my friend to counter false dowry case filed by his wife?

 
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Advocate

I want to dispel some misconception cherished and nourished by some husbands that they can file criminal complaint and pursue it against the wife/wife's father/mother/father/uncle etc. they they offered Dowry; as dowry giving is also an offence, they shall be tried under criminal law.  I ask them to refer to Section 7(3) of the D.P. Act, which immunes  such complaint and the people offering dowry cannot be prosecuted.  One Delhi H.C. judgment I am enclosing herewith and one "Ram Gopal Sah Vs. State of Jharkhand" (II 2009, DMC 848 - Jharkhand High Court) I cite. 



Attached File : 539785981 pooja saxena dp act.pdf downloaded 58 times

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Senior Partner

@ Author,

 

1. In Trial Court there are number of cases where wife's side were charged with 'giving' dowry and they were put behind bars (convicted of giving dowry that means). 

 

2. However, Apex court in one very specific case of 'dowry giving' by wife's side has ‘quashed’ conviction of wife's side family members.


3. Now which case reference your friend wants from above two citing?

 

4. He may in accordance with Evidence Act prove his innocence using (film) media that he claims he has.



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Good strategy. However, dificult to distinguish dowery from the  gift.

.My client very successfully used tbis weapon and compelled his wife and in laws to compromise 8 cases.


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Senior Partner

Dr.Tripathi,

 

Welcome back to the forum after YEARS.

 

But after your last visit to the forum the LAWS (precedence from Apex Court) have changed as in what Lord Chandrasekhar hinted vs. what I hinted in para 1 which has not much of value now-a-days. 

 
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Manager

  • The correct answer is based upon the facts of your case, the facts of existing judgments and the arguments and legal theories that your advocate will be offering after studying the existing judgments.
  • For example, the evidence that will be led will be used to establish whether it was dowry or gift, whether it was demanded or given, whether it was negotiated, whether it was done in a hush-hush manner, etc.  If you have proof that they were offering more money and your mother wanted only a good daughter-in-law, then that evidence is fatal to any claims of dowry brought by the wife's side. Now, can husband file a criminal case against wife's side? Yes, possibly under conspiracy or aiding-and-abetting dowry or some such indirect criminal sections if the statute or Act does not directly allow for charges to be brought against the wife. One needs to study the various citations provided by Adv. Chandrasekhar and examine both the facts of the case and the legal basis under which the Apex or any High Court has ruled. 
  • A mere reference to an Apex Court ruling is NOT sufficient to answer your question. Sometimes there are legal infirmities in the arguments, thanks to poor drafting and arguments offered by advocates which leads the Apex Court to rule only based upon the arguments offered. An alternate line of arguments or a different legal theory, even if available, may have been ignored by the advocates and if so, if you offer such arguments which were not addressed by the Apex Court, then the Apex Court ruling may not be applicable to you.
  • In law there are advocates and there are legal eagles who are unfazed by existing judgments, even if it is from an Apex Court because they can argue around it.  The opinion you will get will therefore vary significantly from advocate to advocate. In this forum there are very few legal eagles too (Adv. Chandrasekhar,  Adv. Kalaiselvan, for example).  

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Can you please help me with this? Thanks in advance.

"2. However, Apex court in one very specific case of 'dowry giving' by wife's side has ‘quashed’ conviction of wife's side family members."

 
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According to Indian Penal code, 1860. Dowry is a crime. The both parties are found guilty who demand the dowry and who gave the dowry.The IPC section 498(A) is very famous regarding the dowry death. But the gift did not considered as a dowry which is given by the girls family to her
 
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