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True Colors of a Vile Wife

Tag: DP Act 3 – Giving Abeting to Give Taking Abeting to Take are offences

Ram Charitra Tiwari and Ors Vs State of UP and Anr on 13 Jul 2021

Posted on March 7, 2022 by ShadesOfKnife

Another misinterpretation of Section 3 of DP… this time from Allahabad High Court.

Ram Charitra Tiwari and Ors Vs State of UP and Anr on 13 Jul 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/44284755/

https://www.casemine.com/judgement/in/60f50c979fca193a50689444

News:

Dowry Prohibition Act Protects Dowry Giver: Allahabad HC

https://lawsisto.com/legalnewsread/MTA2NzU=/Dowry-Prohibition-Act-Protects-Dowry-Giver-Allahabad-HC

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences Misinterpretation of Earlier Judgment or Settle Principle of Law PIL - Dowry Givers should be Prosecuted Pooja Saxena vs State and Anr Ram Charitra Tiwari and Ors Vs State of UP and Anr Reportable Judgement or Order | Leave a comment

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003

Posted on August 1, 2021 by ShadesOfKnife

A Full Bench gave this decision upon a reference from a Division bench of AP High Court on the question as to whether the law laid down by a Division Bench of this Court in Ayyala Rambabu v. State of Andhra Pradesh, 1993 (1) Andh LT (Cri) 73 and by a learned single Judge of this Court in Nunna Venkateswarlu v. State of A. P., 1996 Cri LJ 108 is good law.

The answer was a NO.

From Paras 17-19,

17. The definition of “dowry”, the object of the Act and the above decisions of the Apex Court clearly show that any property or valuable security given or agreed to be given comes within the purview of “dowry” on three occasions in which any property or valuable security comes within its purview. They are — (i) before the marriage, (ii) at the time of marriage, and (iii) “at any time” after the marriage. The third occasion may appear to be an unending period, but the crucial words are “in connection with the marriage of the parties”. This means, giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties.

18. The Legislature in its wisdom while providing for the definition of “dowry” has emphasized that any money, property or valuable security given as consideration for marriage “before, at or any time after” the marriage would be covered by the expression “dowry”, and this definition as contained in Section 2 of the Act has to be read whenever the expression “dowry” occurs in the Act, The meaning of expression “dowry” as commonly used and understood is different from the peculiar definition thereof under the Act.

19. Under Section 3 of the Act, if a person gives or takes are abets the giving or taking dowry shall be punished. Under Section 4 of the Act mere demand of dowry is sufficient to bring home the offence to an accused. Thus, any demand of money, property or valuable security, made from the bride or her parents or other relatives, or the bridegroom or his parents or other relatives, or vice versa, would fall within the mischief of “dowry” under the Act, where such demand is not properly referable to legally recognized claim and relatable only to the consideration of the marriage.

Indiankanoon version:

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003 (IK Ver)

Casemine version:

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003 (CM Ver)

Citations : [2004 EASTCRIC 3 48], [2004 ALT 2 504], [2004 ALD CRI 1 519], [2003 SCC ONLINE AP 830], [2003 SUPP ACC 875], [2004 CRI LJ 1629], [2004 HLR 2 144]

Other Sources :

https://indiankanoon.org/doc/1945624/

https://www.casemine.com/judgement/in/5608f835e4b0149711141c0f

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to DP Act 2 - Definition of Dowry DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences DP Act 4 - Penalty for Demanding Dowry Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced PIL - Dowry Givers should be Prosecuted Public Prosecutor High Court of A.P. Hyd Vs Nese Jilakara Sreeramulu Reportable Judgement or Order Sandeep Pamarati | Leave a comment

NCRB does not collect Info on Dowry Givers

Posted on July 14, 2020 by ShadesOfKnife

Here is the Response I got from NCRB stating that ‘Information on persons arrested for crime of giving dowry is not collected by NCRB‘

NCRB does not collect Info on Dowry Givers
Posted in RTI Application | Tagged Dowry Prohibition Act 1961 DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences NCRB does not collect Info on Dowry Givers PIL - Dowry Givers should be Prosecuted | Leave a comment

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