Dowry is a crime: the law, the punishments and what to do
What counts as dowry, punishments for giving, taking or demanding it, cruelty (Sec 85 BNS) and dowry death (Sec 80 BNS), how to complain and recover stridhan.
In short
- Any property or money demanded or given "in connection with the marriage", before, at or after the wedding, is dowry. Giving, taking or demanding it is a crime Sec 3, 4 Dowry Prohibition Act.
- Harassing a wife for dowry is cruelty: up to 3 years' imprisonment Sec 85 BNS. An unnatural death within 7 years of marriage after dowry harassment is dowry death: 7 years to life Sec 80 BNS.
- Gifts given to the bride are her stridhan. Anyone holding them must hand them over; the police, the DV Act or a civil suit can recover them.
- In danger: 112. Advice and support: 181. Free lawyer for any woman: 15100. File an FIR at any police station.
Many families still treat dowry as tradition: a car, cash, gold or a flat "for the couple's future". When something is demanded or expected because of a marriage, it is dowry, and it is a crime for the giver, the taker and the demander. Demands rarely stop at the wedding; they turn into taunts, beatings and, in the worst cases, death.
What counts as dowry
Sec 2 Dowry Prohibition Act, 1961 (DP Act) defines dowry as any property or valuable security given or agreed to be given, directly or indirectly, by one side of a marriage to the other, before, at or any time after the marriage, in connection with it. Mahr under Muslim law is excluded. Voluntary gifts to the bride or groom, without any demand, are allowed if customary and not excessive for the giver's means; the rules say they should be entered in a written list signed by both sides. That list is your best evidence later.
The offences and punishments
- Giving or taking dowry, or helping to: at least 5 years' imprisonment and a fine of at least ₹15,000 or the value of the dowry, whichever is more Sec 3 DP Act. A court can give less only for special written reasons.
- Demanding dowry, directly or indirectly: 6 months to 2 years' imprisonment and a fine up to ₹10,000 Sec 4.
- Advertising money or property as consideration for marriage Sec 4A.
- Not returning the bride's dowry: dowry received by anyone other than the woman must be transferred to her within 3 months. Keeping it is a separate offence Sec 6.
These offences are cognizable (police can register and investigate without a court's permission), non-bailable and non-compoundable, meaning they cannot be privately settled and withdrawn Sec 8. Once a demand or payment is shown, the accused must prove they did not commit the offence Sec 8A. The woman, her parents or relatives, or a recognised welfare organisation can complain Sec 7.
Cruelty and dowry death
Cruelty. A husband or his relative who subjects a woman to cruelty faces up to 3 years' imprisonment and a fine Sec 85 BNS (earlier Sec 498A IPC). Sec 86 BNS defines cruelty as wilful conduct likely to drive her to suicide or cause grave injury to life, limb or health, mental or physical; or harassment to coerce her or her relatives to meet an unlawful demand for property. Taunts about "what your father gave", withholding food or threats to send her back fall within this when linked to a demand.
Dowry death. If a woman dies of burns, injury or otherwise than in normal circumstances within 7 years of marriage, and soon before her death she was subjected to cruelty or harassment for dowry by her husband or his relative, it is dowry death Sec 80 BNS (earlier Sec 304B IPC): at least 7 years' imprisonment, extendable to life. Once that harassment is proved, the court shall presume that the husband or relative caused the death Sec 118 BSA (earlier Sec 113B Evidence Act).
Step by step
- In danger now? Call 112 or go to the nearest police station. Get injuries recorded at a government hospital the same day; the medico-legal certificate (MLC) is strong evidence.
- Record every demand with date, amount, who made it and who heard it. Save messages, voice notes and bank or UPI records. Tell a trusted relative each time; their later statement counts.
- File a written complaint at any police station. Dowry demand (Sec 4 DP Act) and cruelty (Sec 85 BNS) are cognizable, so police must register an FIR Sec 173 BNSS. If told to "go to the station in your in-laws' area", insist on a Zero FIR, which any station must register and transfer. If refused, write to the Superintendent of Police or apply to the Magistrate.
- Name only the people who actually did something, with specifics. Courts dismiss complaints that list every relative without saying what each did, and that weakens the case against the real culprits.
- Use the Domestic Violence Act alongside. Dowry harassment is domestic violence Sec 3 PWDVA. Through the district Protection Officer you can get, often within weeks, a protection order, the right to stay in the matrimonial home, maintenance and return of your stridhan Sec 18–20 PWDVA.
- Get a free lawyer. Every woman qualifies regardless of income: 15100 or the District Legal Services Authority in the court complex.
Six months after the wedding, Meena's in-laws in Bhopal demand ₹5 lakh "so your husband can start a business". Her mother-in-law withholds meals until "your father pays". Meena records two voice notes in which the mother-in-law names the amount, gets her bruised arm examined at the district hospital, and tells her brother each time. She files a complaint at the women's police station naming her husband and mother-in-law, with the voice notes and the MLC. An FIR is registered under Sec 85 BNS and Sec 4 DP Act, and through the Protection Officer she gets an interim order for maintenance and the return of her jewellery within a month.
Keep these ready
- The list of wedding gifts, bills for jewellery and goods, and bank or UPI records of money given.
- Messages, call recordings, emails or letters containing demands or threats.
- Medical records of any injury, with dates.
- Names and numbers of people who heard the demands or saw the abuse.
- Marriage certificate or wedding card, and photos of you wearing the jewellery.
Arrest and the fairness rules
Under Sec 35 BNSS and Arnesh Kumar v State of Bihar (2014), for offences punishable up to 7 years police must first issue a notice to appear and arrest only for recorded reasons. In 2025 the Supreme Court also directed implementation of Allahabad High Court guidelines providing a two-month "cooling period" before arrest in cruelty cases, with referral to a district Family Welfare Committee; how far these apply outside Uttar Pradesh is still being worked out as of 2026. None of this stops an FIR, the investigation or urgent DV Act orders.
Do not hand over jewellery or cash "to keep the peace" without a record; many women later cannot prove what was given. And do not accept a "settlement" that trades withdrawal of the FIR for the return of your stridhan: DP Act offences cannot be compounded, and returning your property is already their duty under Sec 6.
Where to go
- Emergency: 112. Women Helpline 181 for counselling, shelter and help filing.
- Police: any station or the women's police station for an FIR. If refused, the Superintendent of Police, then the Magistrate under Sec 175(3) BNSS.
- Protection Officer / One Stop Centre (Sakhi) for DV Act relief; Dowry Prohibition Officer Sec 8B DP Act via the district Women and Child Development office.
- Free legal aid: 15100 or the District Legal Services Authority (nalsa.gov.in).
- National Commission for Women: ncw.gov.in, for police inaction.
Common questions
My parents gave dowry willingly. Can they be punished if I complain?
Giving dowry is also an offence under Sec 3 DP Act, but Sec 7(3) says a statement by the aggrieved woman cannot be used to prosecute her, and courts recognise that families pay under social pressure. The law's focus is on the demand and the cruelty that follows. Do not let this fear stop you; discuss it with a legal aid lawyer when drafting the complaint.
Can I get my jewellery and gifts back?
Yes. Everything given to you at marriage is your stridhan, and Sec 6 DP Act requires anyone holding it to transfer it to you within 3 months. You can ask the police to recover it during investigation, seek an order under Sec 19 and 20 of the Domestic Violence Act, or file a civil suit. Keep the gift list, bills and photographs of you wearing the jewellery.
Will my husband be arrested as soon as I file an FIR?
Not automatically. For cruelty under Sec 85 BNS, police must normally issue a notice to appear under Sec 35 BNSS rather than arrest, following Arnesh Kumar (2014), and in 2025 the Supreme Court endorsed a two-month cooling period in such cases. Arrest is likelier where there is serious injury, a dowry death or a risk of tampering with evidence. The FIR, investigation and DV Act orders proceed regardless.
Is there a time limit for complaining about dowry harassment?
Cruelty is a continuing offence, and for Sec 85 BNS the limitation period runs from the last act of cruelty. Courts also condone delay where the woman kept trying to save the marriage. For a demand made years ago with nothing since, ask a lawyer about limitation. Do not delay a DV Act application; interim relief there is quick.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
