Section 4A and Section 5 of the Dowry Prohibition Act, 1961

Section 4A prohibits specified advertisements that offer property, money, a share in a business or another interest as consideration for marriage. Section 5 makes an agreement for giving or taking dowry void.

Meaning of dowry: Section 2 of the Dowry Prohibition Act, 1961 defines "dowry", subject to the statutory wording and exceptions, as 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 specified persons to either party or any other person, at or before or any time after the marriage, in connection with the marriage. The statutory definition should be read with Section 2 and its explanations.

Section 4A - Ban on advertisement

Section 4A was inserted by the Dowry Prohibition (Amendment) Act, 1986 with effect from 19 November 1986. It targets advertisements that use property or financial interests as consideration for marriage, as well as the printing, publication or circulation of such advertisements.

What Section 4A prohibits

Clause (a): A person must not offer, through an advertisement in a newspaper, periodical, journal or any other media, a share in property, money, or both, or a share in a business or other interest, as consideration for the marriage of his son, daughter or another relative.

Clause (b): A person must not print, publish or circulate an advertisement of the kind described in clause (a).

Punishment under Section 4A

A violation is punishable with imprisonment for a term of not less than six months and which may extend to five years, or with fine which may extend to fifteen thousand rupees. The proviso permits the court, for adequate and special reasons recorded in the judgment, to impose imprisonment for a term of less than six months.

Practical scope of the provision

The provision covers advertisements in newspapers, periodicals and journals and also uses the wider expression "any other media".
The prohibited offer must be connected with marriage as consideration.
Liability is not confined to the person making the offer; printing, publishing or circulating the prohibited advertisement is also covered.
Section 4A should be read with the statutory definition of dowry in Section 2 and the other penalty and enforcement provisions of the Act.

Section 5 - Agreement for giving or taking dowry to be void

Statutory rule: Any agreement for the giving or taking of dowry shall be void.

In legal terms, a void agreement has no enforceable legal effect. Section 5 therefore prevents a party from enforcing an agreement whose object is the giving or taking of dowry. The section operates in addition to the penal provisions of the Act; it does not make an otherwise prohibited dowry arrangement enforceable merely because the parties agreed to it.

How Sections 4A and 5 work together

Section 4A addresses the public advertising of specified marriage-linked property or financial offers and prescribes punishment. Section 5 addresses the legal validity of an agreement for giving or taking dowry by declaring such an agreement void. Together, they reinforce the Act's prohibition against treating dowry as a lawful consideration or enforceable term connected with marriage.

Official text and legal reference

For the authoritative Central Act text and amendment notes, refer to the official India Code version of the Dowry Prohibition Act, 1961. State amendments may also affect the application of particular provisions in a State, so the applicable State amendment, if any, should be checked for a specific matter.

Official India Code - Dowry Prohibition Act, 1961

Amendment note: Section 4A was inserted by Act 43 of 1986, section 4, with effect from 19 November 1986.