New Delhi: The Supreme Court has clarified that while the Dowry Prohibition Act criminalises both giving and receiving dowry, those who give dowry — typically the bride and her family — will be protected from prosecution if they are the aggrieved party.
The observation came on Thursday during a hearing on a plea by a man who sought registration of an FIR against his wife and her family. He argued that they had admitted to giving dowry in a complaint accusing him of harassment.
A bench of Justices Sanjay Kumar and K. Vinod Chandran rejected the contention, pointing to Section 7(3) of the Act. The provision, the court said, was specifically introduced to address such situations and protect victims who may have to disclose giving dowry while filing complaints of domestic violence or harassment.
The court noted that the inclusion of Section 7(3) was based on recommendations of a Joint Parliamentary Committee. The committee had emphasised that dowry givers should not be treated on par with those who demand or accept dowry.
Recognising social realities, the committee observed that families are often compelled by societal and customary pressures to give dowry, making them victims rather than offenders.
