Dowry giving is also a crime under dowry prevention act. This strategy builds on the maxim that offence is the best defence. If the woman party accuses us of taking dowry, case can be filed against them for giving dowry which is a crime.
From judgment at link: http://iitbiimb498a.wordpress.com/vague-allegations-not-acceptable/
In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short ? the Act?) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplaice in the crime under Dowry Prohibition Act.
Note esp in above case that judge mentions the fact that complainant was an educated woman (an engineer), his brother was in police; and still she chose to marry in a family allegedly demanding dowry. So this is a clear judgment against those women/families who are of good status, education and trying to allege dowry complaint on breakdown/problems in marriage. Go for DP-3 against complainant/ family coz the judge has ordered so !
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Section 7 of the DP Act only means that ONLY on the basis of the statement of the AGGRIEVED person reg. giving dowry, that person or the giver of dowry cannot be prosecuted. The opposite party has to prove that dowry has been given to them by or behalf of the aggrieved person. Since it is a tricky thing, generally, lawyers of the wife side avoid section 3 and lodge complain under section 4 (demand for dowry. But as I had commented earlier, demand for dowry can hardly be proved.
Isn’t filing DP3 on FIL/Wife equivalent to self certifying that dowry was indeed taken. When in 498a/DV, reply is denial of accusations by the respondent.
Or an RTI can be filed to concerned Police station on whether they have charged the dowry givers under DP act or not? If not, Why ? Then RTI answer should be filed with private complaint in MM court.
Section 7 of DP Act has an important sentence:
Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.
So while Section 3 makes giving dowry also a crime, above clause would make it not a crime if the person who gave dowry says he was forced to give dowry.
Police or magistrate can use above clause to deny taking cognisance of ‘giving dowry’ complaint, but I know a few people who have been able to file complaint. I am not sure of the conclusion though.
I don’t see a problem with the act actually. To take analogy of giving/taking bribe, taking or demanding bribe is considered an offence universally. Now about giving bribe, there has to be some differentiation between one who actively wants to give bribe for whatever reason, vs another who did not want to give bribe but was pressurized/forced to give or else he would have lost out in some way.