During the past several years the Country has witnessed having a sharp rise of false Dowry Cases across the country which finally ends up either with the acquittal of the Husband and his family members or with the settlement made in Mediation cell where the husband, in some cases, paid crores of Rupees to save himself from facing the protracted painful criminal trials. This sets up the wrong precedent as it encourages the brides and her family members, having strained relations with their in-laws, to made boastful allegations of “giving” huge dowry, at the time or in connection with the marriage. The Ministry of Home Affairs, to curb the evil practice of making false allegations of 498-A, has given time to time several advisories to the chief secretaries of states, yet the law is blatantly misused

Section 3 of the Dowry Prohibition Act-1961, too, provides the penalty for giving as well as abetting of giving the Dowry. Despite this, innumerable complaints, with the allegations that they have given huge dowry in the form of cash, jewelry, and other valuables, have regularly been filed by the brides and her family members before the Police & Magistrate Courts. Surprisingly, no action has been taken against the brides and her family, as they shall wrongly presume to be the “Victims’ of crime and are protected from the penal actions without even considering that, in the majority of cases, they are the perpetrators of the crime. Thus, inaction against the perpetrators for Giving and/or Abetment of Giving Dowry has made Section 3 of Dowry prohibition Act-1961 nugatory

The Hon'ble High Court of Delhi in Criminal Misc. Nos. 7108 and 7262 of 2006 under Section 482 CrP.C., has laid down guidelines to be followed for investigation and trial of cases under section 498/A IPC, dowry, cases, etc. The main -guidelines to be followed are as follows:-

1.       Where allegations, are made that dowry has been given as a consideration for marriage, the list in terms of Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 must be insisted upon by the Investigating Officer.

2.       Where there is an expenditure of a huge amount of money without disclosing the source of income, police should insist upon compliance of Rule 2 of Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 (photocopy enclosed) and should not entertain any complaint if the rules have not been complied with.

3.       In case a grown-up and well-educated woman get married to a person despite a demand for dowry, she and her family members also become accomplices under section 3 of the Dowry Prohibition Act, 1961. Appropriate action should be taken against them.

The Office of the Commissioner of Delhi Police, in compliance with the Hon’ble Delhi High Court directions in the above-noted case, too, issued Circular No: 7/2007 dated 23/03/2007 for taking appropriate action against the Dowry Givers. Sadly, nearly after 10 years, in RTI replies received from various Districts, there is hardly any case where the action has ever been taken against the perpetrators of crime who boastfully claimed of giving huge dowry in the connection of the marriage

Thus, it is prayed that appropriate or necessary amendments, additions may be inserted or edited in the Penal provisions of the Dowry Prohibition Act-1961 so that perpetrators of giving Dowry or abetment of Giving Dowry shall not be protected under the shield of wrongfully treating as the Victims and makes huge money by flouting the provisions of the Law