There are 10 Section in Dowry Prohibition Act 1961. Section 1 of the Act is Short title, extent and commencement, Section 2 defines the term Dowry; Section 3 and 4 of the Act deal with the provision relating to penalty for giving or taking dowry and advertising that.
Section 5 declares the agreement for giving and taking dowry to be void. Section 6 provides certain cerumstances in which giving and taking dowry is permissible for the benefit of the wife or her heirs.
Section 7 and 8 deal with the power and procedure of the court to take cognizance and trial.
Newly inserted Section 8.A deals with the burden of proof in certain cases which lie on the prosecuted person and he has to prove that he has not committed an offence under section 3 or 4.
Section 8. B make provision for appointment of the Dowry Prohibition Officers to discharge certain functions; section 9 and 10 make provision for the Central government and State government to make rules respectively.
The Delhi High Court while interpreting the provisions of the Act in Lajpat Rai Seghal v. State, 1983 Cri LJ 888, held that the Dowry Prohibition Act is not exhaustive. This Act only deals with some aspects of the provisions declaring giving, taking, abetting the giving or taking, demanding of dowry and advertisement for dowry as offence and their regulations.
Provisions of certain other Acts for example of the Indian Penal Code, 1860 such as sections 304B, 306, 300, 302, 405, 406, 498A, section 113A and 113B of the Indian Evidence Act, 1872 and section 174 and 198A of the “Code of Criminal Procedure, 1973 have been made applicable to the Dowry – Prohibition Act, 1961.
It is, therefore, clear that the Dowry Prohibition Act, 1961 is not a complete Code/Act.
