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Dowry under section 304B would not include –
Any property given by one party at the time of marriage to another
Any valuable security which is agreed to be given directly or indirectly
Dower or mahar
None of the above
304B. Dowry Death. (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. ExplanationFor the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961)
Haryana For section 2, substitute the following section, namely:- 2. Definitions- In this Act, unless the context requires,- (1) “dowry” means any property or valuable security given or agreed to be given either directly or indirectly:- (a) by one party to a marriage to the other; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation I- For the removal of doubts it is hereby declared that any presents made at the time of marriage of either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation II- The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 1860). or indirectly at “Marriage expenses” shall include expenses incurred directly or indirectly at or before the marriage on, (a) Thakka, Sagai, Tikka, sagun and milni ceremonies; (b) The gifts made by one party to a marriage to the other party to the marriage or by the parents, grand-parents and brothers of either party to a marriage, to either party to the marriage or the blood relations thereof; (c) illumination, food and the arrangements for serving food to the members of the marriage party and other expenses incidental thereto.
Explanation- For the removal of doubts it is hereby declared that any gifts made by a person other than those specified in sub-clause(b), at the time of marriage to either party to the marriage shall not be deemed to be marriage expenses.
Dowry’ means any property or valuable security given or agreed to be given either directly or indirectly by one party another, by parents of either party to each other or any other person, at, before or at any time after the marriage and connection with the marriage of the said parties but does not include dower or mahr under the Muslim Personal Law; Ashok Kumar v. State of Haryana, AIR 2010 SC 2839: JT 2010 (7) SC 460: (2010) 7 SCALE 30
By: Parvesh Mehta ProfileResourcesReport error
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