Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985
These Central Rules prescribe how the bride and bridegroom are to maintain written lists of presents given at the time of marriage. They were made under Section 9 of the Dowry Prohibition Act, 1961 and came into force on 2 October 1985.
Legal basis: Section 9 of the Dowry Prohibition Act, 1961
Section 9 authorizes the Central Government to make rules by notification in the Official Gazette for carrying out the purposes of the Act. The rule-making power specifically includes the form and manner in which a list of presents referred to in Section 3(2) is to be maintained and the persons by whom it is to be maintained.
The 1985 Rules were notified as G.S.R. 664(E), dated 19 August 1985.
Rule 1 - Short title and commencement
(1) These rules may be called the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.
(2) They came into force on 2 October 1985, the date appointed for the coming into force of the Dowry Prohibition (Amendment) Act, 1984 (63 of 1984).
Rule 2 - How lists of marriage presents must be maintained
Who maintains the lists?
Rule 2(1): The bride must maintain the list of presents given at the time of marriage to the bride.
Rule 2(2): The bridegroom must maintain the list of presents given at the time of marriage to the bridegroom.
Mandatory particulars and formalities
Under Rule 2(3), each list referred to above must satisfy the following requirements:
- It must be prepared at the time of the marriage or as soon as possible after the marriage.
- It must be in writing.
- It must contain a brief description of each present.
- It must state the approximate value of each present.
- It must state the name of the person who gave each present.
- If the giver is related to the bride or bridegroom, it must describe that relationship.
- It must be signed by both the bride and the bridegroom.
Where the bride or bridegroom cannot sign
If the bride is unable to sign, she may affix her thumb impression after the list has been read out to her. The person who reads out the particulars must sign the list. The Rules make corresponding provision where the bridegroom is unable to sign.
Signatures of other persons present at the marriage
Under Rule 2(4), the bride or bridegroom may, if desired, obtain on either or both lists the signature or signatures of any other person or persons present at the time of the marriage.
Section 3(2): presents and the prohibition on dowry
The Rules should be read with Section 3(2) of the Dowry Prohibition Act, 1961. The statutory exception concerns presents given at the time of marriage without any demand, subject to the conditions stated in that provision. The maintenance of a compliant list is therefore an express statutory requirement for the treatment contemplated by Section 3(2).
These Rules do not legalize a payment, property or valuable security that otherwise amounts to dowry merely because it has been recorded in a list. Whether a transfer falls within the Act depends on the statutory definition and the facts, including whether it was connected with the marriage and whether there was a demand.
Practical checklist for a marriage-present list
For a clear record, use separate lists for presents to the bride and presents to the bridegroom. Record each item, its approximate value, the giver's full name, and the giver's relationship to the bride or bridegroom where applicable. Prepare the lists at the marriage or as soon as possible afterward and obtain the signatures of both spouses. Optional signatures of persons present at the marriage may also be obtained under Rule 2(4).