Dowry refers to the transfer of cash, goods, or property from the bride's family to the groom or his family. This exchange even continues after the wedding. According to a report in 2022, every year in India, 6.4 thousand dowry death cases are reported. The demand for dowry and cruelty related to such matters is grounds for divorce and also a criminal offence. Furthermore, it is essential for the victim to gather the evidence to support the allegations of dowry harassment. The victims should not hesitate to report the incident to the police or to go for legal assistance from a specialised family lawyer. Additionally, it is important for the victim to seek medical and psychological help to get over that trauma.
Dowry is a social evil. However, there have been concerns about the potential misuse of dowry laws in India.
What are “False” Dowry Cases?
Misuse of Law that protects women: These are cases where accusations of dowry harassment are made without genuine grounds.
At times, it has been a motive or personal agenda found behind these dowry cases. The reasons might differ from case to case. Be it a personal score from divorce proceedings or to extort money from the husband’s family. It has been found that false accusations related to dowry from the female spouse or her family have been seen.
Here, at Unsaathi, we understand that such accusations not only have legal consequences but also lead to damage to reputation. But you don’t have to worry as our judicial system has special provisions for ‘False’ Dowry Cases.
Section 498 of the Indian Penal Code punishes filing for false dowry harassment cases. Further, Section 482 of the Code of Criminal Procedure allows the court to quash a false dowry case. Not only this, but a husband can also file a counter case against the wife for threatening to cause harm to him, his family or his property. But in such situations, evidence is crucial, and the burden of proof lies on the husband or his family.
The Dowry Prohibition Act, 1961 prohibits dowry and other related offenses. The act specifically criminalises the giving, taking or even demanding the dowry. Furthermore, the act empowers the authorities to seize property acquired as dowry. The penalties under this act include imprisonment and fines.
Section 498A of IPC and Section 80 of BNS deal with crimes related to dowry. Crimes like cruelty, harassment, and domestic violence can also be invoked in dowry cases. For example, if the dowry harassment involves physical and mental cruelty or even threats to the life or safety of the women, section 498A of IPC and Section 80 of BNS can be invoked.
The Protection of Women from Domestic Violence Act of 2005 act extensively safeguards women from all forms of domestic violence or cruelty, which also includes dowry harassment cases.
Family Courts Act, 1984 have their expertise in jurisdiction which deals with matrimonial disputes, which includes dowry related issues as well. The act mainly grants relief such as divorce, separation and maintenance to the victim.
Dowry is a social evil. However, there have been concerns about the potential misuse of dowry laws in India.
What are “False” Dowry Cases?
Misuse of Law that protects women: These are cases where accusations of dowry harassment are made without genuine grounds.
At times, it has been a motive or personal agenda found behind these dowry cases. The reasons might differ from case to case. Be it a personal score from divorce proceedings or to extort money from the husband’s family. It has been found that false accusations related to dowry from the female spouse or her family have been seen.
Here, at Unsaathi, we understand that such accusations not only have legal consequences but also lead to damage to reputation. But you don’t have to worry as our judicial system has special provisions for ‘False’ Dowry Cases.
Section 498 of the Indian Penal Code punishes filing for false dowry harassment cases. Further, Section 482 of the Code of Criminal Procedure allows the court to quash a false dowry case. Not only this, but a husband can also file a counter case against the wife for threatening to cause harm to him, his family or his property. But in such situations, evidence is crucial, and the burden of proof lies on the husband or his family.
If you need more clarity on dowry cases and provisions related to it, explore these FAQs to find your answers. We are here for you
The penalty usually depends on the severity of the cruelty inflicted upon the victim. In normal cases, the penalty is imprisonment for up to 6 months or 2 years and a fine.
You can always go to the nearest police station or to the National Commission for Women. But the burden of the proof will lie upon the victim. Thus, gathering the evidence is one of the most important acts.
Yes, dowry harassment is a ground of divorce under the Hindu marriage act of 1955.
Evidence like demand letters, witness statements, medical reports, photographs, or receipts of gifts, etc or any other proof that supports the allegations.
The lack of evidence, social stigma, the victim not coming forward, and the slow judicial process are significant challenges in prosecuting the dowry cases.
The demand for dowry directly or indirectly, treating the bride or her family with cruelty, and harassing the bride for the non-payment of dowry constitutes dowry harassment.