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Section 8* of Dowry Prohibition Act - Offences to be cognizable for certain purposes and to be bailable and non-compoundable, Section 8A Burden of Proof in Certain cases

Section 8 of Dowry Prohibition Act 1961: Offences to be cognizable for certain purposes and to be bailable and non-compoundable

(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences
under this Act as if they were cognizable offences-

(a) for the purposes of investigation of such offences; and

(b) for the purposes of matters other than-

(i) matters referred to in section 42 of that Code; and

(ii) the arrest of a person without a warrant or without an order of a Magistrate.

(2) Every offence under this Act shall be ** [non-bailable] and non-compoundable.

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* Subs. by Act 63 of 1984, s. 7, for section 8 (w.e.f. 2-10-1985)

** Subs. by Act 43 of 1986, s. 7, for "bailable" (w.e.f. 19-11-1986)
 

 

Section 8A*** of Dowry Prohibition Act 1961: Burden of proof in certain cases

Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him.

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*** Ins. by s. 8, ibid. (w.e.f. 19-11-1986)

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