Section 2 of the Dowry Prohibition Act, 1961 - Definition of Dowry
Section 2 of the Dowry Prohibition Act, 1961 defines the expression "dowry". The definition is important because the prohibitions and penalties under the Act depend on whether the property or valuable security concerned falls within this statutory meaning.
Text and meaning of Section 2
Section 2 - Definition of "dowry"
For the purposes of the Act, dowry covers property or valuable security given or agreed to be given, directly or indirectly:
- by one party to a marriage to the other party; or
- by the parents of either party, or by any other person, to either party to the marriage or to any other person;
- at or before, or at any time after, the marriage, where it is in connection with the marriage of the parties.
The statutory definition excludes dower or mahr in the case of persons to whom Muslim Personal Law (Shariat) applies.
Essential elements of the definition
The definition is not confined to money paid at the wedding. It is broad enough to cover property or a valuable security given, or agreed to be given, before the marriage, at the time of marriage, or at any time after the marriage. The necessary statutory connection is that the giving or agreement must be "in connection with the marriage".
The transfer may be direct or indirect. The giver need not be only the bride, bridegroom or their parents: Section 2 also refers to "any other person". Similarly, the recipient may be either party to the marriage or another person.
What is "valuable security"?
Explanation II to Section 2 of the Dowry Prohibition Act states that "valuable security" has the same meaning as in Section 30 of the Indian Penal Code, 1860. The official consolidated text of the Dowry Prohibition Act continues to contain that statutory cross-reference.
From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code for the new criminal-law framework. The corresponding current definition appears in Section 2(31) of the Bharatiya Nyaya Sanhita, 2023. In substance, a valuable security is a document that creates, extends, transfers, restricts, extinguishes or releases a legal right, or records an acknowledgement of legal liability or the absence of a certain legal right.
Dower or mahr is excluded
The definition expressly excludes dower or mahr where Muslim Personal Law (Shariat) applies. This exclusion is part of Section 2 itself and should be distinguished from property or valuable security that otherwise satisfies the statutory ingredients of dowry.
Amendments reflected in Section 2
The present central text reflects important amendments made in 1984 and 1986. Act 63 of 1984 substituted the words that now require the property or valuable security to be "in connection with the marriage" and omitted the former Explanation I with effect from 2 October 1985. Act 43 of 1986 substituted the expression "or any time after the marriage" with effect from 19 November 1986.
Practical reading of Section 2
When applying Section 2, the nature of the property or document, the persons giving or receiving it, the timing, and especially its connection with the marriage are relevant to deciding whether it falls within the statutory definition. A payment, gift or transfer should not be labelled dowry merely because it occurs between relatives of married persons; the statutory ingredients must be examined on the facts of the case.
Related provisions
For the wider statutory scheme, also read Section 3 - Penalty for giving or taking dowry, Section 4 - Penalty for demanding dowry, Section 6 - Dowry to be for the benefit of the wife or her heirs, and the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.
This page is an informational explanation of Section 2. For the authoritative statutory text, amendments and state amendments, refer to the official India Code version of the Dowry Prohibition Act, 1961.