Section 3 of DPA : Section 3: Penalty For Giving Or Taking Dowry

Explanation using Example

Imagine a scenario where a couple, Aman and Priya, are getting married. After the wedding ceremony, it is discovered that Aman's family had demanded a car and jewelry worth ₹20 lakhs as dowry from Priya's family. Priya's family, under societal pressure, complied with the demand. However, a relative of Priya, aware of the implications of The Dowry Prohibition Act, 1961, reports this to the authorities.

As per Section 3 of the Act, Aman's family could face legal action. Aman, who took the dowry, and any family member who abetted the demand and acceptance of dowry could be subjected to a minimum of five years of imprisonment and a fine of at least ₹15 lakhs or the amount of dowry taken, whichever is higher. The court, however, has the discretion to impose a lesser sentence if it finds any special reason to do so, which must be clearly recorded in the judgment.

In contrast, if Aman's family had not demanded dowry but had received wedding gifts such as a watch or a painting for Aman, and these gifts were entered in a list as per the rules of the Act, this would not fall under the purview of dowry and would not be punishable, provided the gifts were customary and not excessive in value relative to the financial status of the giver.