Section 6 of Dowry Prohibition Act - Dowry to be for the benefit of the wife or her heirs

Section 6 of Dowry Prohibition Act 1961: Dowry to be for the benefit of the wife or her heirs

(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman-

(a) if the dowry was received before marriage, within 1 [three months] after the date of marriage; or

(b) if the dowry was received at the time of or after the marriage, within 3
[three months] after the date of its receipt; or

(c) if the dowry was received when the woman was a minor, within 3 [three months] after she has attained the age of eighteen years;

and pending such transfer, shall hold it in trust for the benefit of the woman.

2 [(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor 3 [or as required by sub-section (3),] he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine 4 [which shall not be less than five thousand rupees, but which may extend to ten thousand rupees] or with both.]

(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:

5 [Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,-

(a) if she has no children, be transferred to her parents, or

(b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.]

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1. Subs. by Act 63 of 1984, s. 5, for "one year" (w.e.f. 2-10-1985)

2. Subs. by s. 5, ibid., for sub-section (2) (w.e.f. 2-10-1985)

3. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19-11-1986)

4. Subs. by s. 5, ibid., for "which may extend to ten thousand rupees" (w.e.f. 19-11-1986)

5. The proviso inserted by s. 5, ibid. (w.e.f. 19-11-1986)

1 [(3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1)

2 [or sub-section (3)] has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, 3 [her heirs, parents or children] the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, 3 [her heirs, parents or children] within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, 3 [her heirs, parents or children].]

(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.

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1. Ins. by Act 63 of 1984, s. 5 (w.e.f. 2-10-1985)

2. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19-11-1986)

3. Subs. by s. 5, ibid., for "her heirs" (w.e.f. 19-11-1986)