Legal Question in Family Law in India
section 4 of dowry prohibition act
Wife made complaint against her in-laws in police thana reg. harassment for dowry and cruelty etc. FIR under section 498-A was registered on basis of this complaint. During bail period all dowry articles as per list given by wife were returned. At investigation stage, police introduced one more section �section 4 of Dowry Prohibition act� on the instance of district Attorney as girl had stated that her parents had given Rs. 51000/- to boy�s side in shagun ceremony. There is no evidence of acceptance of this money. Police has already submitted challan in court under both sections.
One of my friend had told me that �money(cash) is not counted as dowry and there is also some judgement on this aspect. Moreover, introduction of section 4 of Dowry Prohibition act requires approval of District Magistrate upon investigation report of gazetted officer of police, so section 4 of Dowry Prohibition act in your case will not be maintainable�. Is he correct in his statement? If yes, then can I represent this fact before court during charge farming stage !
2 Answers from Attorneys
Re: section 4 of dowry prohibition act
Your statement is incomplete. The applicability of law subject to State Amendments may depend upon the place of incident/trial.
There may be a State Amendment introducing a provision about seeking of prior permission from District Magistrate. However, that is not the law applicable in entire country.
In any case, you are entitled to take up all such pleas, as may be available, at the time of framing of charge.
Re: section 4 of dowry prohibition act
You are request to contact a senior lawyer
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