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Legal advice and legal services

Q. Prosecution for giving dowry


Dear Sir,

My Inlaws have led 498A against me and my family. My father in law as an evidence in the FIR Filed by my wife
has accepted that he has given dowry to me.

I am defending the same in Court of Law.

My Father in law is a Deputy Suprintendent of Police in M.P State Police.

My question is that eventhough, i am defending the charges against me but My Father in Law who is a Government
Servant has accepted giving Dowry to me. Is he not liable for prosecution under Government Service Rules/ Civil
Law.
Asked 2 years ago in Civil Law from Chennai, Tamil Nadu

A. 1. He is as liable as you are.

2. He is liable to be prosecuted in the court for giving dowry. His prosecution may result in his suspension and
dismissal from the service.

3. You are free to prosecute him for giving dowry. In addition to this, you may also write to the DGP and Home
Secretary to initiate disciplinary proceedings against him.

Ashish Davessar (/lawyer/ashish-davessar)


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Advocate, Jaipur
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Talk to Advocate Ashish Davessar (/talk-to-a-lawyer/ashish-davessar)

A. Yes he is liable to be prosecuted provided in the government rules, this is considered as an offence. Further, the
government can initiate disciplinary proceedings against him and punish him for such moral turpitude. However
since you have accepted the articles given to you, the onus lies on you to prove that such articles were given to
you without your asking for it i.e. without any demand.

(/lawyer/shaveta-chaudhary-sanghi)
Shaveta
Chaudhary
(Sanghi)
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Talk to Advocate Shaveta Chaudhary (Sanghi) (/talk-to-a-lawyer/shaveta-chaudhary-sanghi)

A. The answer to your question is simple but I suggest you to consider it thoroughly. In a situation like this while it
may appear prudent to many to le a counter claim only to exert pressure one must also beware that this could
well prove to be a double edged sword.

While you complain of the same you might end up admitting to receipt of dowry indirectly irrespective of the real
facts and such complain might end up being self incriminatory. I hope you are clear about the facts and do not
end up admitting to anything which you might not have done.

Also for all practical purposes it is prudent to remind oneself of the way the law enforcement agencies function in
India. It is not naive to consider the practicality. Where the father of your wife is an in uential police o cer you
must ensure that any step you take is measured with all sorts of caution available to mankind.

Saptarshi (/lawyer/saptarshi-banerjee)
Banerjee
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i-banerjee)
Advocate, Kolkata
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Talk to Advocate Saptarshi Banerjee (/talk-to-a-lawyer/saptarshi-banerjee)

A. 1) Giving or taking dowry is an cognizable offence and punishable up to 5 Years

2) you can le complaint against your father in law for giving dowry as it prohibited under Section 3 of Dowry
Prohibition Act (https://www.kaanoon.com/indian-law/dowry-prohibition-act/).

3) if police refuse to lodge FIR lodge complaint under section 156( (3) before magistrate to direct cops to
investigate and submit report

4) since your father is a govt employee action can be taken against him under conduct rules for giving dowry .
lodge complaint with Police department too

4) also le tax evasion petition against your FILif you have su cent evidence of their income and assets with
income tax authorities .

(/lawyer/ajay-sethi)
Ajay Sethi
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Advocate, Mumbai

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A. Dear Querist
He may be prosecuted under section 3 of Dowry prohibition Act (https://www.kaanoon.com/indian-law/dowry-
prohibition-act/)-1961, in which it is clearly mention that given or taken the dowry are an offence.

read the section 3:

3. Penalty for giving or taking dowry.-(1) If any person, after the commencement of this Act, gives or takes or
abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less
than ve years, and with the ne which shall not be less than fteen thousand rupees or the amount of the value
of such dowry, whichever is more:

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence
of imprisonment for a term of less than ve years.

* * * Explanation I omitted by Sec.2 w.e.f 2nd October, 1985

(2)Nothing in sub-section (1) shall apply to or, in relation to,-

presents which are given at the time of a marriage to the bride (without nay demand having been made in that
behalf):

Provided that such presents are entered in list maintained in accordance with rule made under this Act;

presents which are given at the time of marriage to the bridegroom (without any demand having been made in
that behalf):

Provided that such presents are entered in a list maintained in accordance with rules made under this Act;

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride,
such presents are of a customary nature and the value thereof is not excessive having regard to the nancial
status of the person by whom, or on whose behalf, such presents are given.

(/lawyer/nadeem-qureshi)
Nadeem Qureshi
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Advocate, New Delhi
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A. 1. Yes, certainly he is,

2. However, the problem with you is that you can not accuse him for giving dowry since for that accusation, you
also will be prosecuted for having taken dowry given by him,

3. Any third party can le a complaint case against him for his admittedly having given dowry,

4. He acn also write to the o ce of your father in law submitting evidence of his admission that he had given
dowry during his daughter's marriage..

Krishna Kishore (/lawyer/krishna-kishore-ganguly)


Ganguly
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kishore-ganguly)
Advocate, Kolkata

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