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        Case ID :

        1983 (8) TMI 301 - SC - Indian Laws

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        Dowry demand during marriage ceremonies can constitute an offence even without prior agreement or actual payment. Demanding money from the parents of a bride during marriage ceremonies, where it is made as consideration for the marriage, falls within section 4 of the ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Dowry demand during marriage ceremonies can constitute an offence even without prior agreement or actual payment.

                            Demanding money from the parents of a bride during marriage ceremonies, where it is made as consideration for the marriage, falls within section 4 of the Dowry Prohibition Act, 1961. The statutory scheme treats the demand for dowry itself as the punishable act, and the offence is complete once such a demand is made; prior agreement, consent, or actual payment is not required. Read with the Act's object of prohibiting dowry in any form before or after marriage, a narrow interpretation would defeat legislative intent. The complaint therefore disclosed a prima facie offence, and quashing of the proceedings was unwarranted.




                            Issues: Whether a demand for money made from the parents of a bride during the marriage ceremonies, as consideration for the marriage, constitutes an offence under section 4 of the Dowry Prohibition Act, 1961 even if there is no prior agreement or consent to pay the amount.

                            Analysis: Section 2 defines dowry as property or valuable security given or agreed to be given as consideration for the marriage, and section 4 punishes any demand, direct or indirect, for dowry from the parents or guardian of a bride or bridegroom. The statutory scheme, read with the object of the Act, is to prohibit the practice of demanding dowry in any form before or after marriage. A restricted reading that limits section 4 only to cases where there is already an agreement or consent to pay would defeat that object. The demand alleged in the complaint was made during the marriage ceremonies and was asserted to be for money to be paid as a condition for completing the marriage.

                            Conclusion: The complaint disclosed a prima facie offence under section 4 of the Dowry Prohibition Act, 1961, and the proceedings ought not to have been quashed.

                            Ratio Decidendi: For section 4 of the Dowry Prohibition Act, 1961, the punishable act is the demand for dowry itself, and the offence is complete upon such demand being made for consideration of marriage; prior consent or actual payment is not required.


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