The Dowry Prohibition Act, 1961
An Act to prohibit the giving or taking of dowry.
Administered by. Ministry of Women and Child Development · Other Acts of 1961
Preamble
THE DOWRY PROHIBITION ACT, 1961
ACT NO. 28 OF 1961
[20th May, 1961.] An Act to prohibit the giving or taking of dowry.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:--
What this Act covers
Summary of the Dowry Prohibition Act, 1961
Key Objective
• To prohibit the giving or taking of dowry.
Prohibitions and Penalties
1. Giving or Taking Dowry
• Penalty: Minimum 5 years imprisonment, Fine (minimum ₹15,000 or the dowry value, whichever is higher)
• Special Provision: Court may impose less than 5 years for justified reasons.
2. Demanding Dowry
• Penalty: 6 months to 2 years imprisonment, Fine (up to ₹10,000)
• Special Provision: Court may impose less than 6 months for justified reasons.
3. Advertisement for Dowry
• Penalty: 6 months to 5 years imprisonment, Fine (up to ₹15,000)
• Special Provision: Court may impose less than 6 months for justified reasons.
Other Provisions
• Dowry Agreements: Declared void.
• Ownership of Dowry: Belongs to the wife or her heirs; non-compliance is punishable.
• Cognizance and Trial: Specific courts handle these cases; complaints can be filed by the aggrieved, relatives, or welfare institutions.
• Nature of Offences: Cognizable, Non-Bailable, and Non-Compoundable.
• Dowry Prohibition Officers: Appointed for enforcement.
Related Provisions (External Context)
• Dowry Death: Punishable with imprisonment (minimum 7 years to life) if a woman dies within 7 years of marriage due to dowry-related cruelty.
• Cruelty for Dowry: Imprisonment (up to 3 years) and fine for physical, mental harm, or harassment related to dowry demands.
Sections
Type to filter. 13 sections.
- 1Short title, extent and commencement
- 2Definition of “dowry”
- 3Penalty for giving or taking dowry
- 4Penalty for demanding dowry
- 4ABan on advertisement
- 5Agreement for giving or taking dowry to be void
- 6Dowry to be for the benefit of the wife or her heirs
- 7Cognizance of offences
- 8Offences to be cognizable for certain purposes and to be bailable and non-compoundable
- 8ABurden of proof in certain cases
- 8BDowry Prohibition Officers
- 9Power to make rules
- 10Power of the State Government to make rules
Rules made under this Act
6 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- In exercise of the powers conferred by sub-section (1) of section 81 of the Dowry Prohibition Act, 1961 (28 of 1961) read with rule 4 of the Maharashtra Dowry Prohibition Rules, 2003 Appointment of dowry prohibition officers and thier jurisdication2016
- The Maharashtra Dowry Prohibition Rules, 2003.2003
- Jharkhand Dowry Prohibition Rules, 20022002
- The Puducherry Dowry prohibition Rules 19981998
- The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 19851985
- Notification dated 20 Jun 19611961
Related Acts
- The Orphanages and other Charitable Homes (Supervision and Control) Act, 196031 sections
- The Immoral Traffic (Prevention) Act, 195632 sections
- The Women’s and Children’s Institutions (Licensing) Act, 195612 sections
- The Indecent Representation of Women (Prohibition) Act, 198610 sections
- The Commission of Sati (Prevention ) Act, 198722 sections
- The National Commission for Women Act, 199017 sections
- The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 199226 sections
- The Protection of Women from Domestic Violence Act, 200537 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 13 sections of this Act has its own page. This page is not a substitute for legal advice.