• Prosecution for giving dowry

Dear Sir,

My Inlaws have filed 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 1 year ago in Civil Law from Chennai, Tamil Nadu
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
Advocate, Jaipur
18049 Answers
445 Consultations
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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.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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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 file 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 influential police officer you must ensure that any step you take is measured with all sorts of caution available to mankind. 
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1) Giving or taking dowry is an cognizable offence and punishable up to 5 Years

2) you can file complaint against your father in law for giving dowry as it prohibited under Section 3 of 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 file tax evasion petition against your FILif you have sufficent evidence of their income and assets  with income tax authorities . 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Dear Querist
He may be prosecuted under section 3 of 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 five years, and with the 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.

* * * 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 financial status of the person by whom, or on whose behalf, such presents are given.

Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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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 file a complaint case against him for his admittedly having given dowry,

4. He acn also write to the office of your father in law submitting evidence of his admission that he had given dowry during his daughter's marriage..
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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