India is a nation of rituals and customs. The system of dowry has been prevailing in India for ages, this was practiced as a blessing where the father used to give his daughters from free will certain gifts at the time of their marriage. Dowry is an amount of property or money brought by a bride to her husband during their marriage. Dowry given in a marriage is for the security of the daughter and it thinks like blessings for her. Since the enactment of the Dowry Prohibition Act in 1961 (Act), both giving and taking dowry is an offense now.
Dowry: Sec. 2 of Dowry Prohibition Act, 1961
“Dowry means any property or valuable security given or agreed to be given either directly or indirectly-
- By one party to a marriage to the other party to the marriage; or
- By the parent of either party to a marriage or by any other person, to either party to the marriage or any other person,
At or beforeor 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.”
Misuse of Dowry Prohibition Act
No one can deny the fact that the Act is very strict and it is very difficult for the opposite party to prove that no dowry was ever demanded. Rather, it is very easy for the complainant to prove the demand for dowry by providing fake bills, photographs, and videos of marriage.
The Delhi High Court has laid down guidelines for Delhi police during investigations of dowry-related complaints observing thatmany women have been misusing dowry laws to settle scores with their husbands. An educated woman gets married to a person despite a dowry demand, she and her family become accomplices under Section 3 of Act[i].
The demand for dowry is to be proved
Section 304-B of the Indian Penal Code (IPC) deals with dowry death and Section 306 deals with abetment to suicide of a woman. The Evidence Act says that the prosecution has to establish a certain act beyond a reasonable doubt and the court can presume that the said act was done with a requisite intention. When the complainant proves the act beyond the reasonable doubt the burden shifts on the accused to prove that the lack of intention, Section 113-A, and 113-B were inserted into the Evidence Act for such exceptions[ii].
In Nunna Venkateshwarlu v. State of Andhra Pradesh[iii]- It was observed by the High Court that the basic and essential fact as to demand of dowry must be proved by the prosecution regarding dowry given or agreed to be given. In the instant matter, the prosecution has failed to prove such an agreement between the fathers of the accused and the deceased. The High Court refused to accept the charges under Section 304B of the IPC. It held that the accused shall be convicted only under Sec. (s) 498 and 306 of IPC and not under Sec. 304B of IPC.
In another case of Nagawwa v. Veeranna[iv]- The Court held that the Magistrate should satisfy that the allegations against the accused are genuine before issuing a process against him. It was held that the order of the Magistrate for issuing process against the accused could also be quashed.
In the case of Shakson Belthissor v. State of Kerala & Anr.[v]- It was clarified that to understand the term ‘cruelty’ as provisioned u/s 498A of the IPC, there must be such conduct on the part of the husband or relatives of the husband of the woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman. Otherwise, the said provision cannot be implicated.
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How you can defend yourself?
We understand that a false demand for a dowry charge is a very frustrating and worrisome matter, but you have to keep your emotions under control. You should invest your time and energy in deciding your next steps and how to protect yourself.
Take an Anticipatory Bail
Apply for anticipatory bail if you have doubts that you are being charged under Sec. 498A of the IPC for cruelty or/ and dowry demand. This will protect you against arrest and hence be vigilant of every move of your spouse when there is a discord between you two.
Collect Evidence
It is advisable to keep evidence against your wife where she is threatening you to trap under a false dowry case. She might have messaged you, called you for the same, keep records of everything. Once evidence of the cruelty remains on records, proving the forged complaints will be easy and even it may act as a source of evidence if the case moves to the court of trial[vi].
Cross-examination
This is a very important stage of the proceedings and this should be utilized wisely to prove that the evidence presented was false. This could be used to prove that the motive of your spouse was to get an immediate divorce or to torture you and your family members. Emphasis on the point that there was no demand for dowry and insist the opposite party produce bills of the same. If the bills are produced then claim them to be wrong or fake and question their validity/ authenticity.
Prove that it was Stridhan and not dowry
Section 14 of the Hindu Succession Act, 1956 provides that a property obtained by a woman from different sources is her absolute property[vii]. Streedhan is the property that a woman receives during her lifetime. It differs from Dowry as the former includes voluntary gifts given to a woman before or after her marriage and has no element of coercion. Women have an absolute right over their Streedhan[viii].
In Pratibha Rani V. Suraj Kumar[ix]-The Apex Court provided the following that constitutes Streedhan as-
- Gifts made before the nuptial fire;
- Gifts are made at the bridal procession, i.e. while the bride is being led from the residence of her parents to that of her husband;
- Gifts made in token of love, that is, those made by her father-in-law and mother-in-law and those made at the time of the bride making obeisance at the feet of elders;
- Gifts made by the father of the bride;
- Gifts made by the mother of the bride;
- Gifts made by the brother of the bride.
In Vinod Kumar Sethi v. State of Punjab[x]- The Court held that dowry and traditional presents made to a wife at the time of the marriage constitute her stridhan.
You have to act wisely and prove that the gifts received during the marriage were stridhan and not dowry and your wife has taken everything along with her, nothing is lying with you that belongs to her.
Possible Witnesses to support you
Try to provide your advocate with details revolving around the events that led to a false dowry demand accusation against you. Do not hide anything from your advocate, he/ she must be given every minute detail of the events. You should also try to focus on people who could be your witness. The witnesses will support you and your family by stating that you are genuine and not greedy people. Their statements will help to prove the authenticity of your claims against your spouse.
To sum up, it can be said that a huge number of cases have been filed under the Dowry Prohibition Act and it becomes difficult to identify which is the real case and which is false. It is mostly presumed that the groom’s side is guilty and the woman is a ‘victim’ of mental harassment. The husband and his family are always considered guilty until he proves his innocence. The laws that were enacted for the protection of women and their rights have now been misused by them and hence, we mustn’t have preconceived notions.
[i] https://www.indiatimes.com/news/india/exiitian-wins-dowry-casethere-is-still-some-hope-left-for-the-men-231697.html
[ii] https://www.facebook.com/1004524503091562/posts/1843866329157371/
[iii] 1996 CrLJ 108 (AP)
[iv] (1976) 3 SCC 736
[v] 6 July 2009
[vi] https://gsbagga.com/blog/how-to-protect-yourself-from-dowry-allegations/
[vii] https://www.latestlaws.com/articles/hindu-succession-act-demystifying-stridhan-and-women-s-estate-by-milind-rajratnam
[viii] https://www.lawctopus.com/academike/streedhan-right-woman/#_edn5
[ix] AIR 1985 SC 628
[x] AIR 1982 P& H 372
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