THE DOWRY RESTRAINT ACT, 1960
[Act No. 36 of 1960]
PREAMBLE
An Act to provide for restraining the taking or giving of dowry in connection with marriages and for matters incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Eleventh Year of the Republic of India, as follows:—
Section 1 - Short title, extent and commencement
(1)This Act may be called the Dowry Restraint Act, 1960.
(2) It extends to the whole of the Jammu and Kashmir State.
[Enforced on 6th March, 1961 under Notification No. 15-SRO/61 dated 6th March 1961.] [(3) It shall come into force on such date as the Government may by notification in the Government Gazette, appoint.
Section 2 - Definition
[Section 2 substituted by Act No. XII of 1981, section-2.] [In this Act, unless the context otherwise requires,—
"Dowry" means any property transferred or agreed to be transferred as a part of the contract of any betrothal, marriage, any prebetrothal, post-marriage ceremony such as Thaka, Rophera/Duphera, Phirsal, Phersozen and the like by one party to the betrothal, marriage, any prebetrothal, post-marriage ceremoney such as Thaka, Rophera/Duphera, Phirsal, Phersozen and the like or the father, mother, or guardian of that party to the other party to the marriage or to the father, mother or guardian if the other party, but does not include voluntary marriage gifts such as ornaments to a bride and dresses to a bridegroom the value of which in aggregate does not exceed two thousand rupees.]
Section 3 - Penalty for taking dowry
Any person who takes dowry shall be punishable with simple imprisonment which may extend to [Substituted by Act No. XII of 1981, section-3,4 and 5.] [one year and] with fine which may extend to the amount or value of the dowry taken.
Section 4 - Penalty for giving dowry or abetment thereof
Any person who gives dowry or abets the giving of dowry shall be punishable with simple imprisonment which may extend to [For section 6 sections 4,6,7 and 8 substituted by Act VIII of 1963.] [one year and with fine which shall not be less than five thousand rupees.]
Section 5 - Penalty for dowry after solemnisation of marriage
A person who at any time within three years after the solemnisation of a marriage, demands, either directly or indirectly, from the parents or any other person who was the guardian of the woman before her marriage any payment which is in the nature of a dowry, shall be deemed to have committed an offence under section 3 of this Act and shall be punishable accordingly.
Section 6 - Cognizance of offences
[For section 6 sections 4,6,7 and 8 substituted by Act VIII of 1963.] [Notwithstanding anything contained in the Code of Criminal Procedure, Svt. 1989,—
(a) no Court inferior to that of a [Substituted by Act XL of 1966.] [Judicial Magistrate] of the first class shall try any offence under this Act;
(b) no Court take cognizance of any such offence except on a complaint made within one year from the date of the offence;
(c) it shall be lawful for a [Substituted by Act XL of 1966.] [Judicial Magistrate] of the first class to pass any sentence authorised by this Act on any person convicted of any offence under this Act;
[Substituted by Act No. XII of 1981, section-3, 4 and 5.] [(d) offences under this Act shall be triable summarily.]
Section 7 - Offences to be cognizable non-bailable and non-compoundable
[Substituted by Act No. XII of 1981, section-6.] [Every offence under this Act shall be cognizable, non-bailable and non-compundable:
Provided that no police officer below the rank of a Deputy Superintendent of Police shall make arrest for or investigate, any offence under this Act.]
Section 8 - Power to make rules
The Government may, by notification in the Government Gazette, make rules for carrying out the purposes of this Act. |
