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News Topical, Digital Desk : The Supreme Court has clarified in dowry cases that if the wife writes in her complaint that she had given dowry, then a dowry case cannot be filed against her or her family on that basis alone.
A bench of Justices Sanjay Kumar and K Vinod Chandran dismissed the husband's appeal seeking registration of a separate FIR against his wife's family for the offence of dowry under Section 3 of the Dowry Act.
The court rejected the husband's argument.
The husband argued that the wife had admitted to giving dowry in her complaint, making it a crime. The Supreme Court stated that Section 7(3) protects the victim from prosecution, allowing her to file a complaint without fear. The Court also stated that if there is independent and concrete evidence of dowry giving, distinct from a mere complaint or statement, then action under Section 3 of the Dowry Prohibition Act is warranted.
What are the provisions in Section 3 of the Dowry Act?
Originally, Section 3 punished both the giving and receiving of dowry equally. However, significant amendments were made to the Act following the 1982 report of a Joint Parliamentary Committee. The Committee found that dowry givers were often victims rather than criminals, constrained by social norms.
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