Dowry Section 498-A


Dowry is basically the money, gifts or property that a bride brings at the time of her marriage to her husband house. In easy words we can describe dowry as a custom or system of our society in which a father give gifts, monetary items and properties to his daughter at the time of her marriage.


It is not just an illegal practice but also an evil gesture. At the beginning period when dowry was introduced it is a voluntary gift or monetary items that bride brings with her in her marriage, but soon after the time passes it becomes a mandatory due to maintain the social pressure and demands of bridegroom family.


Understand ! Why dowry system was started ?

Dowry custom is India one of the oldest customs which is having long history back. So basically, the dowry system has been started for the few reasons:


  • To help the daughter to start her new journey with ease.

  • To maintain the respect of both of the families in front of guests and relative.

  • To provide security to the bride in the new environment and family.

  • In any case if bride is facing any type of problem she doesn’t need any support from anyone.

  • To establish the bride in the difficult conditions.

  • To make bride economically independent as a member of the new family.

  • • To make a share in the streedhan.


Why you should hire justice law firm?


So in the above point as it mentioned the basic ideology of giving dowry is not for the family for groom or to groom. It is for the bride for her new future which is a totally voluntary action. There was not any pressure from the groom’s family.


But in today’s world as the time changes the situation, now dowry is become a mandatory part of the Indian marriage where dowry is not an economic support for the bride but it s a price of the groom which the family of the bride have to pay with no compensation or discount. Even there is no guarantee of better future of bride.


This dowry system makes the marriage of today’s scenario as a buying selling process. In India the price of dowry fixes as per the education expenditures and job specification of the groom.


For example- if the groom is in private sector then less dowry, if in government or public sector then medium dowry and in case the groom is on higher post on government or established businessmen then it can be more than the income of bride father for years.


In a study it was clear mentioned that 3 out of 5 father of newly married bride live the life under debt for more than 5-8 years after his daughter’s marriage. That is a huge ratio for Indian society.


Dowry And Section 498-A

Items that is included as in dowry-


  • Durable goods

  • Household items

  • Cash

  • Gold and jewellery

  • Property and flats

  • Motor vehicles

  • Gifts for family and groom more than needed

  • Movable property


How dowry system hurts Indian bride lifetime


In most of the cases the newly married brides are targeted for the dowry because not only new brides are soft targets but threatening them and hurting them are much easier than others.


Grooms family mainly uses threatening policies and sometimes it extends to physical and mental violence towards the newly married wife which is not just physical but also a mental trauma for her.


Sometimes the conditions of brides get to the worst situations which lead to physical, mental and verbal abuse, emotional torture and family humiliation and more to murder of newly married in less than 1 year of marriage.


Sometimes threatening to bride by husband and new families lead to mental trauma and sometimes to suicide too. There are several of cases come in existence on daily basis of suicide of newly married brides.


Section 498-A of Indian penal court refers to, “ cruelty by husband or relative of husband which includes that whoever being the husband or relative of husband of women, subjects such women to cruelty shall be punished with the imprisonment for a term which may extend to three years and may liable to fine or both.


Punishment given under section 498-A to the husband or the family or relatives of husband as per need may be extend to the period of maximum period of three years but it is a non boilable offence, which makes the possibility of bail for the criminal or his family mostly impossible or rare.


There is a provision of anticipatory bail in the code of criminal procedure section 438. So according to this criminal can apply for the anticipatory bail if caught in the guilty of dowry harassment.


For the cancellation of bail the state or government can apply for it. It is not possible that the bail cancelled automatically. The anticipatory bail for the victim can only be given by the district court or district court. The bail of the person cannot be cancelled by the police itself without any order of the court.


The period of anticipatory bail is for 30 days no longer than that. But after the completion of period of 30 days, the person has to apply for the regular bail which is not possible in this case.

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