Question

Which of the following actions comes under the act of 'Dowry' as per the Dowry Prohibition Act, 1961?
A. The groom's parents demand specific gifts for their relatives.
B. Parents give cash to their newly wedded daughter out of their own will.
C. Advertising that parental property will be given to the groom for marrying their daughter.
D. The groom's extended family forces the bride's family for destination wedding.
Choose the correct answer from the options given below:

• A. A, B and D only
• B. A, B and C only
• C. A, B, C and D
• D. A, C and D only

Hint:

The crucial element in identifying dowry is the presence of a 'demand' or 'condition' for the marriage. Voluntary gifts given without any prior demand are not considered dowry under the law.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Dowry Prohibition Act, 1961, defines 'dowry' in Section 2 as any property or valuable security given or agreed to be given, directly or indirectly, by one party of a marriage to the other, or by parents of either party, at, before, or any time after the marriage in connection with the marriage. The key element is that it must be a demand or a consideration for the marriage, not a voluntary gift.
Step 2: Detailed Explanation:
Let's analyze each action based on this definition:

A. The groom's parents demand specific gifts for their relatives: A 'demand' for gifts in connection with the marriage falls squarely within the definition of dowry. This is an act of dowry.
B. Parents give cash to their newly wedded daughter out of their own will: The Act explicitly excludes presents given at the time of marriage to the bride or bridegroom without any demand having been made. Since this is a voluntary gift ('out of their own will'), it does not constitute dowry.
C. Advertising that parental property will be given to the groom for marrying their daughter: Offering property as a consideration for the marriage makes the property a 'dowry'. Section 4A of the Act also specifically bans advertisements related to offering property as consideration for marriage. This is an act of dowry.
D. The groom's extended family forces the bride's family for a destination wedding: Forcing one party to incur significant expenditure is a demand for a 'valuable security' or an indirect demand for property. This form of coercion in connection with marriage also falls under the purview of dowry.
Step 3: Final Answer:
Actions A, C, and D involve a demand, consideration for marriage, or coercion for expenditure, and thus come under the act of 'dowry'. Action B is a voluntary gift and is excluded. Therefore, A, C, and D only are correct.