Dowry means any kind of money, goods, cash, jewellery, property, etc. which the husband’s side demands from the wife’s side, for marriage. (Section 2, Dowry Prohibition Act)

What is not dowry:

Any gifts willingly given to the bride or groom at the time of marriage, without any demand from the other side.

Remember:

Dowry demand can be made against anyone (i.e. woman, her parents, her relatives, her guardians) and at any time (i.e. before, at the time of, or after marriage).

Money, assets and other gifts brought by the bride, that are given to her without any demand from the husband’s side, are not considered. For dowry, there should be a demand.

Stridhan is the property of a woman (such as cash, jewellery, real estate, etc.) which is given to a woman out of love and affection. Whereas, dowry includes assets and property demanded from the woman’s side by the husband’s side, in connection with marriage. For more details on streedhan, see here Stridhan.

No, just because something has been done as a custom, does not make it correct or legal. The Dowry Prohibition Act clearly states that asking for dowry, taking dowry, or even giving dowry is illegal. The aim of this law is to protect girls and their families from dowry harassment from the husband’s side.

You are not required to make any wedding arrangements beyond your budget and affordability. If the groom’s side makes demands on you or your family for expensive wedding arrangements, it can be considered as dowry demand. You have every right to refuse.

No, the following acts are illegal in India and punishable under the Dowry Prohibition Act, 1961:

1. Demanding for dowry: 6 months-2 years imprisonment + fine up to Rs. 10,000 (Section 4, Dowry Prohibition Act).
2. Taking dowry (Section 3, Dowry Prohibition Act)
3. Giving dowry (Section 3, Dowry Prohibition Act)
4. Helping someone to take or give dowry (Section 3, Dowry Prohibition Act)

For punishment for each act, see below.

The following legal provisions protect women against dowry:

1. Dowry Prohibition Act- makes demanding/taking/giving dowry illegal
2. Section 498A, Indian Penal Code- makes harassment of a woman for dowry a crime
3. Section 304B, Indian Penal Code- defines ‘dowry death’ (for more details, see below)
4. Section 113-A, Indian Evidence Act- presumption that husband/relatives drove the woman to suicide (for more details, see below)

The punishment for dowry in India is as follows:

1. Demanding for dowry: 6 months-2 years imprisonment + fine up to Rs. 10,000 (Section 4, Dowry Prohibition Act).
2. Taking dowry: 5 years imprisonment + fine of Rs.15,000 or the value of dowry (whichever is higher) (Section 3, Dowry Prohibition Act)
3. Giving dowry: 5 years imprisonment + fine of Rs.15,000 or the value of dowry (whichever is higher) (Section 3, Dowry Prohibition Act)
4. Helping someone to take or give dowry: 5 years imprisonment + fine of Rs.15,000 or the value of dowry (whichever is higher) (Section 3, Dowry Prohibition Act)

Yes, giving dowry is a punishable offence. For punishment, see above. (Section 3, Dowry Prohibition Act)

Yes, taking dowry is a punishable offence. For punishment, see above. (Section 4, Dowry Prohibition Act, 1961)

Abetting i.e. helping someone in giving/taking dowry is considered equal to taking/giving dowry. It is a punishable offence. For punishment, see above. (Section 3, Dowry Prohibition Act, 1961)

Asking for dowry, irrespective of whether you take it or not, is a punishable offence. For punishment, see above. (Section 4, Dowry Prohibition Act, 1961)

If dowry has been taken by any person other than the married woman, that person needs to transfer the dowry to the woman, within 3 months of receipt. If the person does not do so, he/she shall be punished with imprisonment of 6 months-2 years + fine of Rs.10,000.(Section 6, Dowry Prohibition Act)

Anyone can file a complaint against dowry harassment- the woman, her parents, her family members, any NGO, etc. (Section 7b(iii), Dowry Prohibition Act).

A complaint for dowry harassment can be filed against any of the following people who have harassed the woman:

- 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.

Please see the section on Taking Action Against Violence At Home.

Every married woman has the right to reside in her matrimonial house. (Section 17, Domestic Violence Act). If your husband/husband’s family ask you to leave your matrimonial house, see Right to Live in Matrimonial House to understand further.

If a married woman dies within 7 years of marriage, under abnormal circumstances or out of bodily injury/burns, and she was harassed by her husband/his relatives before the death, it is called dowry death. The husband or his relatives who harassed the woman are said to have caused the dowry death. (Section 304b, Indian Penal Code)

To sum up, a dowry death is caused when:

- A married woman

- Dies within 7 years of marriage

- Under abnormal circumstances or out of bodily injury/burns

- She was harassed by her husband/his relatives

If the above ingredients are satisfied, the court will presume it was a dowry death, without you having to prove it (Section 113b, Indian Evidence Act). The burden will now lie on the accused to show that it was not a dowry death.

Anyone who causes dowry death will be punished with imprisonment of minimum 7 years, which may extend to life imprisonment. (Section 304b, Indian Penal Code) It is a cognizable and non-bailable offence.

You should immediately file a complaint with the nearest police station. (For details, see How to File a Police Complaint)

If a woman commits suicide due to dowry harassment, you should immediately file a complaint in the nearest police station against the persons who harassed her (For details, see How to File a Police Complaint). The complaint should be filed under Section 306, Indian Penal Code- causing someone to commit suicide.

The punishment for causing the suicide of anyone for any reason(including of a woman due to dowry harassment) is 10 years imprisonment + fine. It is a cognizable and non-bailable offence.

1. Know your rights under the law (Dowry Prohibition Act, Domestic Violence, and Cruelty).
2. If the groom’s side demands dowry, you can refuse the marriage. You can also immediately file a complaint against them.
3. If parents/family members/friends give you gifts during the wedding, ask them to give the gifts in your name as stridhan. For more details on stridhan, see here stridhan)
4. Instead of cash, encourage your family members to give you a cheque in your name.
5. If they gift you expensive items or jewellery, make sure to immediately deposit these in a bank locker which is in your name/your family’s name. If you don’t have your own locker, make sure to deposit it in a joint-locker over which you have rights to operate.
6. After the wedding, as soon as possible, make a list of all the gifts that you have received (including cash, jewellery, other valuables, etc.) in a document. Make sure you and your parents sign this document, with the date and place. Get two neutral witnesses to sign the document. If possible, try to get the husband’s side also to sign on this document, so that they cannot dispute it later. Keep one copy with you and one copy with your parents.

Remember- All the gifts that you receive in your name during the wedding become your stridhan. Only you, and no one else, has rights over your stridhan. For more details on stridhan, see here stridhan)

To prove dowry harassment in court, it is important that you collect evidence each time there is dowry harassment. How you can collect evidence:

1. Each time there is a dowry demand, write down all the details about the incident in a safe place (such as a notebook, or in your phone/computer). Make sure to write all small details like time, place, date, who all were there, what did they demand, any witness, etc. The details are very important.
2. Communicate the dowry demand to a trusted family member or friend, with all the details, through messages/emails/letters. It is important that the communication is in written form, so that it will serve as evidence. Make sure to store all these messages/emails/letters safely.
3. If possible, try to record any harassment through audio/video on your phone. Be careful that the harasser does not notice you recording, otherwise, he/she may get aggressive with you.
4. If you are forced to give dowry, give it in a form which can be recorded. For example, instead of cash, give a cheque or do a bank transfer. If you are purchasing anything, make sure to keep all the receipts carefully.

I wasn’t able to collect evidence:

1. Think calmly, and write down all the incidences of dowry harassment that you remember, with all the details as given above. Give copies of this document to a trusted family member or friend also.
2. Make sure to cross-check all the details like date, time, place, who was there, etc. to check that there are no mistakes. If something does not match, the other side will try to use it against you. (For eg- If on 01.01.2020, the father-in-law made a demand for dowry in your shared house, make sure to remember that your father-in-law was in town, and not travelling on that day).

Remember: File a complaint with the police as soon as any incident occurs, so that they can take fast action and you can prove the incident more easily. In your police complaint, you do not need to write the history of all incidences of dowry harassment (if they have been happening over a while)- it is better to do this in court. The most recent incident is enough for the police complaint.