*[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 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 a sentence of imprisonment for a term of less than five years.
Provided that such presents are entered in a list maintained in accordance with the 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 financial status of the person by whom, or on whose behalf, such presents are given.
*[Modified by Dowry Prohibition Amendment Act, 1986 (Act 43 of 1986), & Dowry Prohibition Amendment Act, 1984 (Act 63 of 1984)]
State Amendments-
Bihar.-In its application to the State of Bihar, for S.3, substitute the following section, namely:- “3. Penalty for giving or taking dowry.-If any person after the commencement of this Act, gives to takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees. [vide Bihar Act 4 of 1976, S.2 (w.e.f. 20-1-1976)] Haryana.- In its application to the State of Haryana, for S.3, substitute the following section, namely:-
“3. Bar of certain acts.-No person shall-
(a) give or take or abet the giving or taking of dowry;
(b) demand, directly or indirectly from the parents or guardians of a bride or bridegroom, as the case may be, any dowry;
(c) incur marriage expenses the aggregate value whereof exceeds five thousand rupees; (d) display any gifts made at or before the marriage in the form of cash ornaments, clothes or other articles;
which may extend to one year and with fine which may extend to five thousand rupees.” [Vide H.P. Act 25 of 1976, S. 2 (w.e.f. 24-6-1976)] Punjab.-In its application to the State of Punjab, in S. 3, for the words “six months or with fine which may extend to five thousand rupees”, substitute “one year, and fine which may extend to five thousand rupees”. [Vide Punjab Act 26 of 1976, S. 2 (w.e.f. 20-5-1976)] West Bengal.-In its application to the State of West Bengal, in S. 3, for the words “which may extend to six months, or with fine which may extend to five thousand rupees”, substitute “which shall not be less than three months, but may extend to three years or with fine which shall not be less than two thousand rupees, but may extend to ten thousand rupees”. [Vide W.B.Act 35 of 1975, S. 2 (w.e.f. 23-9-1975)]
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