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Lacunae in Section 3 of the Dowry Prohibition Act, 1961

By Vinay Thakur

Published In

CrLJ 2004

There seem to be existing serious lacunae and loopholes in Section 3 of the Dowry Prohibition Act, 1961 (“the Act”) which, though provides for the minimum sentence of imprisonment and fine, does not lay down the upper limit or the mximum sentence of imprisonment and fine that may be imposed by a Court in the event of conviction for such an offence. Section 3 of the Act reads : “Penalty for giving or taking dowry 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 term which shall not be less than five years, and with fine which shall not be less than fifteen 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 sentence of imprisonment for a term of less than five years. Nothin ....

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