Dowry is a very common term in the society .In layman’s language, it’s a process in sending or taking gifts in the form of money, valuable things, or gifts, at the time of marriage. In ancient times, the bride’s family performed Kanyadan in which they gave some money, gold, silver, etc. The bride’s family gives gifts out of love and affection. But with the passage of time, it became a mandatory offering of gifts to the groom’s family. It creates a burden on the bride’s family. In many cases, the bride’s family takes debt to fulfil the demands of the groom’s family. Sometimes it can be seen that the groom’s family torches the bride for demanding dowry after marriage. In some cases, even women died because of non-fulfilment of demand.
There are many laws in India which help to reduce the dowry cases like Dowry Prohibition Act, 1961 and Bharatiya Nyaya Sanhita, 2023. But sometimes, the wife files a false case against the husband. As we know everything has two sides, same here sometimes wives also make false allegations against the husband. In that situation, husbands have to be more careful in the case proceeding.
What Is Dowry?
Dowry means giving or taking gifts in the way of an amount, valuable things, etc. either directly or indirectly. At the time of marriage or after marriage whatever is given on demand by the bride’s family to the groom’s family is dowry. All the people who are involved in this are liable for dowry under the dowry Act.
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Laws Related To Dowry In India?
Dowry Prohibition Act, 1961: This Act helps to stop the cases of dowry in India under Section 3, if any person after the commencement of the Act gives or takes, or abets of dowry shall be come under this section and is liable for punishment for the term not less than five years and with fine which shall not be less than fifteen thousand rupees.
Bharatiya Nyaya Sanhita, 2023: Under this Act, Section 85 provides safeguards to women from cruelty and harassment. This section plays an important role in dowry cases, this section covers cruelty and harassment. When the husband and husband’s family do cruelty to the wife for demanding dowry, this section comes in front to save the woman from such cruelty. Cruelty is defined under section 86 in which they provide a wide definition of cruelty.
Who Can File A Case Against Dowry?
According to section 7(b) of DPA, 1961, its own knowledge or a police report of the facts which constitute such offence, or a complaint by the person aggrieved by the offence or parent or other relative of such person, or by any recognized welfare institution or organisation.
Who Is Aggrieved?
- Women aggrieved by the offence
- Any person related to the aggrieved person by blood, marriage, or adoption.
Against Whom Can File A Complaint?
A complaint for dowry harassment can be filed against anyone:
- Husband
- Husband’s family members- like mother-in-law, father-in-law, sister-in-law, brother -in-law.
The person against whom you file the complaint should have, directly or indirectly, harassed you for dowry.
Dowry Harassment Case Be File Against Non-Resident Indians?
Yes, it can be file against non-resident individuals also. The court with jurisdiction over the area where the offences were commit shall handle the case. This is typically the address where the marriage took place, the complaint is located, or both.
How To Fight Against A False Dowry Case?
- Understand the Legal points.
- Appoint a good lawyer.
- Collection of Evidence.
- Apply for a counter-case.
- Cooperate with investigation.
- Attend all the Court hearings.
- File a counter-case.
- Aware of legal proceedings.
What Is The Need Of Dowry Prohibition Act?
As the groom’s family demands increase day by day they create a heavy burden on the bride’s family. Even in many cases they demand after marriage and harass the women very badly. It creates a demand for laws which can help the women who are suffering from cruelty.
Which Section Can Be Use For A Counter Case Be File Against A False Allegation:
- Defamation (section 356),
- Criminal conspiracy (section 61),
- Giving false evidence (section 238),
- Criminal intimidation (section 351), etc. of BNS, 2023.
Punishment For Filing A False Dowry Case: Imprisonment for up to 2 years and a fine.
Landmark Case Laws:
Bhoora Singh V. State Of Uttar Pradesh
The court held that the deceased had written a letter to her father about how her-in-laws harassed and threatened her for not dowry.
State Of Andhra Pradesh V. Ram Gopal Asawa & Another (2004)
In this case, the court held that there must be a direct connection between the cruelty and death in question.
Conclusion
Dowry cases are the one of the serious offences which occur in the institution of marriage. It is done against women. But everything has two sides. In many cases the husband and his family suffer because of false allegations put forth by the wife. Many laws come to save women from harassment for dowry. But some laws are also available for the false allegation on husbands like giving false evidence, criminal intimation, defamation, etc.
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