Section 7 of the Dowry Prohibition Act, 1961 - Cognizance of Offences
Section 7 of the Dowry Prohibition Act, 1961 regulates which court may try offences under the Act, the sources on which a court may take cognizance, the inapplicability of the ordinary limitation chapter, and protection of an aggrieved person from prosecution merely because of a statement made by that person.
Updated: 25 September 2026
What does "cognizance" mean?
In criminal procedure, taking cognizance broadly refers to the judicial act by which a competent Magistrate applies the court's mind to facts alleging an offence for the purpose of proceeding according to law. Section 7 creates special rules for offences under the Dowry Prohibition Act.
Section 7 - statutory provision
Section 7(1): The provision overrides the general criminal procedure law on the matters specifically covered by it.
Clause (a): An offence under the Act cannot be tried by a court below the level of a Metropolitan Magistrate or Judicial Magistrate of the First Class.
Clause (b): Cognizance may be based on the court's own knowledge, a police report, or a complaint by the aggrieved person, a parent or other relative, or a recognised welfare institution or organisation.
Clause (c): A Metropolitan Magistrate or Judicial Magistrate of the First Class may impose any sentence authorised by the Act upon conviction.
Explanation: A "recognised welfare institution or organisation" is a social welfare institution or organisation recognised for this purpose by the Central Government or a State Government.
Section 7(2): The limitation provisions formerly contained in Chapter XXXVI of the Code of Criminal Procedure, 1973 do not apply to offences punishable under the Dowry Prohibition Act.
Section 7(3): A statement made by the person aggrieved by the offence does not, by itself, expose that person to prosecution under the Act.
Effect of the new criminal procedure law
The text of Section 7 still expressly refers to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the CrPC as the general criminal procedure statute, subject to its saving and transitional provisions. Accordingly, current proceedings should be read with the applicable provisions of the BNSS, while older or saved proceedings may continue to require reference to the CrPC.
Who can set the cognizance process in motion?
Section 7 recognises several routes: the court's own knowledge, a police report, and specified complaints. A complaint may be made by the person aggrieved, that person's parent or other relative, or a welfare institution or organisation recognised by the Central or State Government.
Limitation for offences under the Act
Section 7(2) removes the application of the CrPC chapter dealing with limitation for taking cognizance to offences punishable under this Act. This special provision should be considered together with the procedural law applicable to the proceeding and any State amendment that applies in the relevant jurisdiction.
Protection of the aggrieved person
Section 7(3), inserted by the Dowry Prohibition (Amendment) Act, 1986, protects the aggrieved person by providing that a statement made by that person shall not subject the person to prosecution under the Dowry Prohibition Act.
Legislative history
Section 7 was substituted by Act 63 of 1984 with effect from 2 October 1985. Sub-section (3) was inserted by Act 43 of 1986 with effect from 19 November 1986.
Official legal sources
For the authoritative central text and amendments, refer to India Code - Dowry Prohibition Act, 1961. The Ministry of Women and Child Development - Legislation page also lists the Act and rules.