3Penalty for giving or taking dowry

¹[(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 ²[with imprisonment for a term which shall not be less than ³[five years, and with 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 ⁴[five years].]

⁵[(2) Nothing in sub-section (1) shall apply to, or in relation to,--

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of a 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 the 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.]

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1. Section 3 renumbered as sub-section (1) of that section by s. 3, ibid. (w.e.f. 2-10-1985).

2. Subs. by s. 3, ibid., for certain words (w.e.f. 2-10-1985).

3. Subs. by Act 43 of 1986, s. 3, for certain words (w.e.f. 19-11-1986).

4. Subs. by s. 3, ibid., for "six months" (w.e.f. 19-11-1986).

5. Ins. by Act 63 of 1984, s. 3 (w.e.f. 2-10-1985).

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