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- Thanisandra Main Road, Bangalore
- Mon-Sat 9:00 AM-9:00 PM
- +91 99805 30211
An evil in the society, root cause of all the atrocities against women and gender bias in the society. Over the centuries the presence of this menace has caused unimaginable torment in the Indian households. The crime against women that starts from female foeticide to homicide is due to this practice. The efforts taken by the legislature have not reached many women who have sacrificed their lives and also those who are oppressed in the name of Dowry. If you or your loved one is a victim to this social evil, do not hesitate to take a legal approach before it is too late.
states Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
2. Section 86 of Bharatiya Nyaya Sanhita, 2023 (Section 498A of IPC, 1860)
For the purposes of section 85, “cruelty means”—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
The offence under this section is cognizable and non-bailable.
3. Dowry Prohibition Act, 1961
The legislature enacted this statute to curb the practice of demanding, receiving and giving dowry across all religions in India in the year 1961. Over the years it has gone through amendments to make it more stringent and to safeguard the best interests of the girls in our community. However, despite the changes made in the law, the practice of dowry is still a bane to our society, the dowry related violence still occurs in varying degrees within several communities and across different socioeconomic structures of our country.
In a nutshell, this Act defines the Dowry, what does not constitute Dowry, penalty for giving and receiving Dowry, ban on advertisement of material benefits as consideration for marriage, any agreement of dowry to be void, and the cognizable nature of the offence.
Section 2 of the Dowry Prohibition Act, 1961 defines Dowry as ‘any property or valuable security given or agreed to be given either directly or indirectly—
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of the said parties,
but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.’
Valuable Security is any document which is, or purports to be a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or who hereby any person acknowledged that he lies under legal liability, or has not a certain legal right.
Thus it is understood that giving or agreeing to give movable, immovable property or valuable security before or after the marriage in connection with the marriage constitutes Dowry.
Further the Act also puts forth the exceptions under Section 3 (2), whereas the following are not to be considered as Dowry
(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf): Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf): Provided that such presents are entered in a list maintained in accordance with the rules made under this Act
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
Section 80 of Bharatiya Nyaya Sanhita, 2023 and Section 304B of the Indian Penal Code, 1860 (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961.
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
As mentioned supra Section 85 of Bharatiya Nyaya Sanhita, 2023 & Indian Penal Code, 1860 provided ‘Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.’
Section 3 – states that the person who gives or receives dowry is to be punished with imprisonment for six months to five years and fine up to fifteen thousand Rupees.
Section 4 – For demanding dowry imprisonment from six months up to two years and with fine up to ten thousand Rupees
Section 4A – prohibits any kind of advertisement of giving consideration in terms of share in property, money, business or other interest for the marriage and if done punishable with imprisonment starting from six months up to five years and with a fine up to fifteen thousand Rupees.
Apart from these other sections also apply namely abetment of suicide
These offences are cognizable and non-bailable.
Dowry when demanded or given or received before or after marriage, the aggrieved party can file a complaint before or any time after the marriage. Harassment and cruelty perpetrated in the event of demanding and receiving dowry is a punishable offence under criminal law.
The expression cruelty is intrinsically intertwined with the illegal demand of monetary gratification (be it in cash or kind), also known as DOWRY. The expression cruelty has an inseparable nexus with human conduct and human behavior. It depends on the social strata to which the parties belong, their way of life, upbringing, relationship, educational qualification, temperament, family background, and emotions the social status has conditioned. At DivorcebyLaw, we firmly believe that dowry is a heinous social evil that needs to be eradicated. With our persistent efforts, we safeguard women through legal measures and empower them to report perpetrators of dowry-related crimes. This has earned us immense trust from our clients, who recognize us as the best dowry lawyers in Bangalore. We have made a formidable change in the lives of our clientele pan Bangalore in locations like Jayanagar, Indiranagar, Whitefield, Doddanekundi, Kuundalahalli, Banaswadi, Hennur, Nagwara, Yelahanka, Ejipura, Hebbal, R.T. Nagarand more.
Make your voice heard and break shackles to stop the physical and mental agony associated with the inhumane demands of Dowry through the assistance of the top dowry lawyers at Divorcebylaw. Take the first step with us and stop enduring the harmful effects of dowry abuse. Our clients have titled us as the best domestic abuse and dowry lawyers in Bangalore, due to our consistent efforts at working towards “Women’s Empowerment “ in the real sense of the term.
Find your voice against the inhumane treatment, mental suffering, and psychological scars of dowry through our guidance and legal support.
Unshackle yourself from the age-old worn-out traditions that keep your life at stake. Bring justice to yourself and your family members against the evil vice of the demand for dowry, domestic violence, and the cause of cruelty to women.
Fight against the wrong allegations regarding dowry that come under the facade of Women’s Empowerment. Leverage our legal counsel to give a formidable fight and win against the false cases under Dowry , Domestic Violence, and Criminal Law.
Our practice in this area of law has given us a comprehensive understanding of the technicalities involved and have provided us with extensive knowledge in the Dowry Prohibition Act of 1961. We aim to help women seek legal protection as per the law in two primary instances – if dowry is given directly or indirectly through marriage or if the woman or her family is subjected to abuse when dowry demands are not met or further demands made. We are keen on bringing about awareness by empowering women with the knowledge and understanding of the law that protects and safeguards their interests.
Along with addressing Dowry & Domestic Violence cases, we are equally concerned with protection and defense of falsely accused Husbands and their family members, helping them escape the false cases and allegations. We understand that in recent times men have become victims of false accusations. We have addressed this issue in a separate article on Cruelty Against Husband.
Dowry Harassment incidents or complaints need to be looked into from a broader perspective. Women take immense courage to spill it out in the open. And when she does so, her safety from her husband and his family becomes of utmost importance. The societal pressure and her own family’s taunts adds to the agony. In such situation one needs clarity in understanding how the entire process going to take place, how her safety and other interests can be upheld within the realm of legal structure.
Understanding the need to uplift and empower women is one concrete reason for choosing this area of our practice. Helping women lead a life of dignity and respect by fighting for their rights, ensuring justice and assisting them in dowry and domestic violence cases by providing updated information on dowry and domestic violence cases.
“Equality Of Law And Equal Protection Of Law”- Understanding the intricacies of fighting a dowry case for the aggrieved woman and equally advocating for a falsely accused husband and defending him and his family members to navigate and redeem themselves from false accusations and false cases; both are equally important.
Lets focus on this issue from a different point of view. If you are a husband and dowry harassment case is filed against you, you need to approach an advocate to file for bail immediately irrespective of the genuineness of the complaint.
When FIR is registered, the police may contact you to inform the same. You and the family members whose names are mentioned in the FIR need to take the anticipatory bail from the sessions court. Experienced lawyers in this field help you to navigate through this situation by guiding you step by step.
The court may take 3 to 7 days to give orders either granting or rejecting the bail depending on the circumstances. The accused has to furnish security/ securities as demanded by the court (for eg security in personnel having emplyed by the Government).
When anticipatory bail is granted, it may have certain conditions to be fulfilled. Accordingly an application for regular bail made to the court or bail from the police station to be applied for.
Obtaining a regular bail may take another 3 to 7 days and may require furnishing the security as demanded by the court.
Even after the bail is granted the criminal case proceedings will continue, where you have to provide evidence that you have not made dowry demand, not received any dowry or not harassed/ perpetrated cruelty to your wife. After hearing both the sides and giving reasonable time to submit the evidence for the claims by either sides, the court gives its orders.
Start Your Journey to a Dignified Life. Let Us Handhold You Through Every Step.
The National Commission for Women (NCW) plays a crucial role in dowry-related cases by investigating and addressing complaints of dowry harassment. They work to protect the rights and interests of women affected by dowry-related issues, provide legal assistance, and raise awareness about the legal provisions against dowry. While they cannot directly file cases or prosecute individuals, their involvement, alongside legal support can be instrumental in advocating for the victim's rights and ensuring that the law is upheld.
Yes, dowry harassment cases can be filed against non-resident Indians (NRIs). The law applies to all individuals, regardless of their residence status. Victims can file cases against NRIs for dowry harassment, and with the legal expertise of DivorcebyLaw, the legal process can be initiated even if the accused resides abroad. However, enforcing legal actions against NRIs may involve international complexities, so it's advisable to seek legal counsel experienced in handling such cases.
A husband can file a criminal case if there's evident harassment or cruelty perpetrated on him by his wife or her family. The Bharatiya Nyaya Sanhita 2023 Sections 85 & 86 deal with the offense of cruelty to a woman by her husband or his relatives. Dowry harassment is a type of cruelty, and hence it is covered under the said sections. The law per se is gender-neutral, there are other provisions that can be used by husbands. To initiate a case, the husband should gather evidence of the harassment, consult with lawyer, and file a complaint with the appropriate authorities.
To file a complaint against dowry harassment, the victim or their representative should visit the nearest police station and provide a written complaint outlining the details of the harassment, along with any evidence. It's essential to include specific instances, dates, and names of individuals involved.
No, the dowry harassment case filed under BNS Sec 85 is non-compoundable, which means there cannot be compromise between the parties. If no truth is found in the complaint, the same may be dismissed by the court. If husband finds it to be totally baseless allegation and has proof of the same, quashing of the complaint/ case can be initiated.
The Women's Cell within the police department is responsible for assisting and supporting women who have been victims of dowry harassment. They investigate complaints, offer guidance, and mediate between parties to reach an amicable resolution. They play a pivotal role in ensuring the victim's safety and providing a platform for women to report cases of dowry harassment.
Women Help Desk is a new concept to make women feel comfortable to approach the police station to raise their concerns and voice their complaints. These desks are operational in few cities including Bangalore. Women Help Desk Officers are specially trained individuals to assist the psychological needs of the distressed women.
The Protection of Women from Domestic Violence Act is a significant legal framework to protect women from harassment and violence perpetrated by their husband and his family members. It defines different kinds of violence and also includes dowry related violence. The Dowry Prohibition Act is exclusively for Dowry related incidents and along with Bharatiya Nyaya Sanhita it provides for punishment for such acts. The Domestic Violence Act looks into the option of providing civil remedies such as restraining order against husband, protection order, compensation, counselling services, maintenance and alike.
To obtain a restraining order against the accused in a dowry harassment case, the victim should consult with a lawyer and approach the appropriate court. They need to file a petition detailing the harassment and the need for a restraining order. The court will review the evidence and circumstances, and if it deems the request justified, it may issue a restraining order that prohibits the accused from approaching or contacting the victim, ensuring her safety.
Lawyers play a crucial role in dowry harassment cases by providing legal expertise, representing clients in court, and ensuring that their rights are protected. They can assist in gathering evidence, preparing strong cases, negotiating settlements, and guiding clients through the legal process. Additionally, lawyers can help victims understand their legal rights and options, making it easier to seek justice while minimizing emotional stress.
Common defenses in dowry harassment cases may include claiming innocence, arguing false allegations, or asserting that the harassment did not occur. The accused may also attempt to demonstrate that the allegations lack substantial evidence. It's essential for the prosecution to present a strong case with credible evidence to overcome these defenses and secure a conviction.
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