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Raman (student)     12 September 2012

Whether counter case can be filed under section 3 of d.p act

My brother fatherin law has filed case under Dowry prohibition Act-1961( Section 3,4) along with sections 498-A/406 at his home town but the marraige was solemnised in Delhi and implicated my name in the aforesaid sections
Since section 3 of Dowry Prohibition Act is on giving and taking dowry in which complainant can also be booked for giving the dowry( As I have heard in news that one lawyer has filed the case against the in laws of boy for giving Dowry)
In such circumstances, I have nothing to do but since the charges has been imposed on me whether its correct that I should also file the counter case u/s 3 of Dowry Prohibition Act for giving Dowry?


 9 Replies

rahul (director)     12 September 2012

You can surely file, but there must be admit by girls side that they given this much dowry.. in form of cash.. gold.. or other article.


Raman (student)     12 September 2012

In FIR its has written that he has given gold, TV furniture, Car etc n the form of gift articles to his daughter but no list has been prepared in accordance with act..whether he can be punished under section 3 of Dowry Prohibition Act??

Raj (fr)     28 January 2013

Can DP 3 be filed 8.5 years after marriage,when there is no proof or anything as such happened and complain made after mat.suit.Will it hold or quash.



Raman (student)     30 January 2013

surely u can file as there is no limiation of this crime..But file u/s 156(3) of Crpc so that accused cannot be escaped from investigation



Please clarify on this doubt on mine.

I read somewhere that complainant gets immunity in DP3/4 so boy cannot file case on FIL under this section as FIL has already filed dowry demand allegation on boy?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 January 2013

I have not seen any success story of DP3 in last 5 years since it came in vogue, almost all FIRs under this section has been quahsed by respective High Courts and even SC upheld the same.




Shonee Kapoor


498 A fighter (Advocate)     30 January 2013

girl in her WS given that her father had given dowry as per his capbilities,

also in dovorce affidavit she had mentioned that her father had given dowry. so can these be use as an evidence for dp3, as o \n just mere allegation if husband get caught and FIR is registerd here the girl herself giving statement that her father had given dowry?

will it not work against her? in one application she again demanded back the dowry item.


@shonee sir,

Apologize for my ignorance about DP3 in advance but please tell me that as per your experience who has got no success in DP3?

Husband side or wife side?

yogesh (will tell you later)     30 January 2013

May be I am not the right perosn, but I have gone through the judgments/orders of H.C and states the following

1 In Neeraja case delivered by Hon'ble Justcice shiv narayan Dhingra and in Criminal revsion case affirmed by Hon'ble Dr Kamini Lau, the court has insited that counter case against the dowry givers should also needs to be booked so Individual has the full right to file complaint under section 15693) of Crpc OR ssection 200 of croc that magitrate should take cognisance of offence and issue notices to the accused bride family

2but has turned down by Appelate courts on this ground under section 7(3) of D.P Act for grantinbg immunity for whistle blowers( those who have first reported the crime)

In the regard of the above, I think those individuals are at the advantegous position who are not booked under 3-4 of DP Act could but only 498-A/406 Cases could initatet the proceedings at first

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