ACT NO. 28 OF 1961 [20th May, 1961] An Act to prohibit the giving or taking of dowry. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows.1. Short title, extent and commencement. 1. Short title, extent and commencement. (1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jam and Kashmir. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry". 2. Definition of "dowry". In this Act, "dowry" means 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 a other person, to either party to the marriage or to any other person; at or before or after the marriage us consideration for 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. Explanation I.-For the removal of doubts, it is hereby declare that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties. ---------------------------------------------------------------------1-7-1961, vide Notification No. S. O. 1410, dated 20-6-1961, Gazette of India, Extraordinary, Pt.II, Sec. 3 (ii), P. 1005. ---------------------------------------------------------------------176 Explanation II.-The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code. (45 of 1860.) 3. Penalty for giving or taking dowry.
3. Penalty for giving or taking dowry. If any person, after the commencement of this Act, gives or takes or