Dowry Prohibition Act, 1961
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:
statement of objects and reasons
Statement of Objects and Reasons . The object of this Bill is to prohibit the evil practice of giving and taking of dowry. This question has been engaging the attention of the Government for some time past, and one of the methods by which this problem, which is essentially a social one, was sought to be tackled was by the conferment of improved property rights on women by the Hindu Succession Act, 1956. It is, however, felt that a law which makes the practice punishable and at the same time ensures that any dowry, if given does ensure for the benefit of the wife will go a long way to educating public opinion and to the eradication of this evil. There has also been a persistent demand for such a law both in and outside Parliament. Hence, the present Bill. It, however, takes care to exclude presents in the form of clothes, ornaments, etc., which are customary at marriages, provided the value thereof does not exceed Rs 2000. Such a provision appears to be necessary to make the law workable. Gazette of India, 1959, Extra., Pt. II, S. 2, p. 397. See Joint Committee Report at id ., pp. 1191-93.
statement of objects and reasons of amendment act 63 of 1984
Statement of Objects and Reasons of Amendment Act 63 of 1984 . The evil of dowry system has been a matter of serious concern to everyone in view of its ever-increasing and disturbing proportions. The legislation on the subject enacted by Parliament, i.e. , the Dowry Prohibition Act, 1961, and the far-reaching amendments which have been made to the Act by a number of States during the seventies have not succeeded in containing the evil. As pointed out by the Committee on the Status of Women in India, the educated youth is grossly insensitive to the evil of dowry and unashamedly contributes to its perpetuation. Government has been making various efforts to deal with the problem. In addition to issuing instructions to the State Governments and Union Territory administrations with regard to the making of thorough and compulsory investigations into cases of dowry deaths and stepping up anti-dowry publicity, Government referred the whole matter for consideration by a Joint Committee of both the Houses of Parliament. The Committee went into the whole matter in great depth and its proceedings have helped in no small measure in focusing the attention of the public and rousing the consciousness of the public against this evil.
2. The following observation made by the late Pandit Jawaharlal Nehru which has been quoted by the Committee indicates the role which legislation can play in dealing with the evil:
Legislation cannot by itself normally solve deep-rooted social problems. One has to approach them in other ways too, but legislation is necessary and essential, so that it may give that push and have that educative factor as well as the legal sanctions behind it which help public opinion to be given a certain shape.
The recommendations made by the Joint Committee of the Houses to examine the question of working of the Dowry Prohibition Act, 1961, have been considered keeping in view these observations and after taking into consideration the comments received on the Report from the State Governments, Union Territory administrations and the different administrative Ministries of the Union concerned with the matter. One of the important recommendations of the Committee for dealing with cruelty to a married woman by the husband or the relatives of the husband on the ground of non-receipt of dowry or insufficient dowry has already been given effect to by the Criminal Law (Second Amendment) Act, 1983. This Act amended, inter alia, the Indian Penal Code to include therein a provision for punishment for cruelty to married women and was aimed at dealing directly with the problem of dowry suicides and dowry deaths.
3. The Joint Committee has recommended that the definition of dowry contained in Section 2 of the 1961 Act should be modified by omitting the expression as consideration for the marriage used therein on the ground that it is well-nigh impossible to prove that anything given was a consideration for the marriage for the obvious and simple reason that the giver, i.e., the parents who are usually the victims would be reluctant and unwilling to set the law in motion. The omission of the words as consideration for the marriage would make the definition not only wide but also unworkable, for, if these words are omitted, anything given, whether before or after or at the time of marriage by anyone, may amount to dowry. The Supreme Court has also placed a liberal construction on the word dowry as used in Section 4 of the Dowry Prohibition Act, 1961, relating to demanding dowry. In the circumstances, it is proposed to substitute the words in connection with the marriage for the words as consideration for the marriage instead of omitting those words.
4. Section 3 of the Dowry Prohibition Act relating to the offences of giving or taking of dowry is being amended in accordance with the recommendations of the Joint Committee to make the punishment for the offence more stringent. All presents given at the time of marriage to the bride and certain types of presents given at the time of marriage to the bridegroom are proposed to be excluded from the purview of the offences under the section. However, the recommendations of the Committee for exempting the giver of dowry from punishment is not being given effect to as such exemption may only prove to be counter-productive.
5. Section 4 of the Dowry Prohibition Act relating to penalty for demanding dowry is proposed to be amended to make the punishment thereunder more stringent on the lines recommended by the Joint Committee.
6. Section 6 of the Act is being amended in accordance with the recommendation of the Joint Committee, to reduce the time limit within which dowry received in connection with the marriage of a woman by any other person should be restored to the woman from one year to three months. Likewise, the punishment for failure to restore such dowry within the said time limit is being made more stringent on the lines recommended by the Committee. Under a special provision which is being included in Section 6 where a person is convicted for failure to restore the dowry to the woman concerned within the period specified in the section, the court may, in addition to awarding punishment, issue a direction requiring him to restore the property to the woman within the period specified in the direction. In case of non-compliance with the direction, the value of the property would be recoverable from such person as if it were a fine and the amount so recovered may be paid to the woman concerned or, as the case may be, her heirs.
7. Sections 7 and 8 of the Dowry Prohibition Act are proposed to be amended to give effect to the recommendations of the Committee as to cognizance of offences under the Act and making offences under the Act cognizable.
8. The Bill seeks to achieve the above objects Gazette of India, Extra., Pt. II, Section 2, No. 33, pp. 13-14.
Section 1. Short title, extent and commencement
Section 2. Definition of dowry
In this Act, dowry means any property or valuable security given or agreed to be given either directly or indirectly
( a ) by one party to a marriage to the other party to the marriage; or
( b ) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person,
at or before 4 [or any time after the marriage] 5 [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law ( Shariat ) applies.
Explanation I . 6 [* * *]
Explanation II . The expression valuable security has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).
Haryana . For S. 2 the following Section shall be substituted , namely,
2. Definitions . In this Act, unless the context otherwise requires,
( i ) dowry means any property or valuable security given or agreed to be given either directly or indirectly
( a ) by one party to a marriage to the other party to the marriage; or
( b ) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before or after the marriage as consideration for the marriage of the said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law ( Shariat ) applies.
Explanation I . For the removal of doubts it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation II . The expression valuable security has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860);
( ii ) marriage expenses shall include expenses incurred directly or indirectly at or before the marriage on
( a ) Thakka, Sagai, Tikka, Shagan and Milni ceremonies;
( b ) the gifts made by one party to a marriage to the other party to the marriage or by the parents, grantparents and brothers of either party to a marriage, to either party to the marriage or the blood relations thereof;
( c ) illuminations, food and the arrangements for serving food to the members of the marriage party and other expenses incidental thereto.
Explanation . For the removal of doubts, it is hereby declared that any gifts made by a person other than those specified in sub-clause ( b ), at the time of marriage to either party to the marriage shall not be deemed to be marriage expenses. Vide Haryana Act 38 of 1976, S. 2 dt. 11-8-1976.
Section 3. Penalty for giving or taking dowry
7 [(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 8 [with imprisonment for a term which shall not be less than 9 [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than 10 [five years]].
11 [(2) Nothing in sub-section (1) shall apply to, or in relation to,
( a ) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
( b ) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]
Bihar . For Section 3 of the Dowry Prohibition Act, 1961 (Act 27 of 1961) (hereinafter referred to as the said Act), the following section shall be substituted , namely:
3. Penalty for giving or taking dowry . If any person after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees. Vide Bihar Act 4 of 1976, S. 2, w.e.f. 20-1-1976.
Haryana . For Section 3, the following Section shall be substituted namely:
3. Bar of certain acts . No person shall
( a ) give or take or abet the giving or taking of dowry;
( b ) demand directly or indirectly, from the parents or guardians of a bride or bridegroom, as the case may be, any dowry;
( c ) incur marriage expenses the aggregate value whereof exceeds five thousand rupees;
( d ) display any gifts made at or before the marriage in the form of cash, ornaments, clothes or other articles;
( e ) take or carry in excess of
( i ) twenty-five members of the marriage party; and
( ii ) eleven members of the band;
( f ) deny conjugal rights to his wife on the ground that dowry has not been given or the dowry given is insufficient. Vide Haryana Act 38 of 1976, S. 2, dt. 11-8-1976.
Himachal Pradesh . For Section 3 of Dowry Prohibition Act, 1961, in its application to the State of Himachal Pradesh (hereinafter referred to as the principal Act,) the following section shall be substituted , namely:
3. Penalty for giving or taking dowry . If any person gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees. Vide H.P. Act 25 of 1976, S. 2, w.e.f. 24-6-1976.
Punjab . In Section 3 of the Dowry Prohibition Act, 1961, in its application to the State of Punjab (hereinafter referred to as the principal Act), for the words six months, or with fine which may extend to five thousand rupees , the words one year, and fine which may extend to five thousand rupees shall be substituted . Vide Punjab Act 26 of 1976, S. 2, dt. 20-5-1976.
West Bengal . In Section 3 of the said Act, for the words which may extend to six months or, with fine which may extend to five thousand rupees , the words which shall not be less than three months, but may extend to three years or with fine which shall be less than two thousand rupees, but may extend to ten thousand rupees shall be substituted . Vide W.B. Act 35 of 1975, S. 3.
Section 4. Penalty for demanding dowry
12 [If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]
Bihar . For Section 4 of the said Act, the following section shall be substituted , namely:
4. Penalty for demanding dowry . If any person, after the commencement of this Act, demands directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees:
Provided that no Court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf. Vide Bihar Act 4 of 1976, S. 3, w.e.f. 20-1-1976.
Haryana . For Section 4, the following section shall be substituted , namely:
4. Penalty . (1) If any person contravenes any of the provisions of Section 3, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.
(2) The court trying an offence under clause ( f ) of Section 3 relating to conjugal rights may, at any stage of the proceedings, on the execution of a bond by the husband undertaking not to demand dowry and to allow conjugal rights to the wife, drop the proceedings.
(3) Any proceedings dropped under sub-section (2) shall revive if the court is satisfied on an application made by the wife in this behalf, that the husband has failed to carry out the undertaking or has otherwise acted contrary to the terms of the bond and thereupon the court shall proceed with the case from the stage at which it was dropped:
Provided that no application under this sub-section shall be entertained if it is made after the expiry of a period of three years from the date on which the proceedings were dropped.
(4) The court may direct that the fine, if any, imposed for the convention of clause ( f ) of Section 3 or such portion thereof, as the court may deem proper, shall be paid to the wife. Vide Haryana Act 38 of 1976, S. 2, dt. 11-8-1976.
Himachal Pradesh . For Section 4 of the principal Act, the following section shall be substituted , namely:
4. Penalty for demanding dowry . If any person demands, directly or indirectly, from the parents or guardian of a bride or bridegroom or from any other person, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to one year with fine which may extend to five thousand rupees. Vide H.P. Act 25 of 1976, S. 3, w.e.f. 24-6-1976.
Punjab . In Section 4 of the principal Act,
( a ) for the words six months, or with fine which may extend to five thousand rupees , the words one year, and fine which may extend to five thousand rupees , shall be substituted ; and
( b ) the proviso shall be omitted . Vide Punjab Act 26 of 1976, S. 3, dt. 20-5-1976.
West Bengal . In Section 4 of the said Act,
( a ) after the words bride or bridegroom , the words or from any other person shall be inserted ;
( b ) for the words which may extend to six months, or with fine which may extend to five thousand rupees the words which shall not be less than three months, but may extend to three years or with fine which shall not be less than two thousand rupees, but may extend to ten thousand rupees shall be substituted ;
( c ) for the proviso, the following provisos shall be substituted , namely:
Provided that no court shall take cognizance of any offence under this section except on a complaint made by any aggrieved party or his parents or by any other person with the previous sanction of the authority specified by the State Government in this behalf:
Provided further that no such previous sanction shall, be necessary for taking cognizance on a complaint made by such organisation for social welfare with a minimum standing of five years as may be specified by the State Government by notification in the Official Gazette or by any person duly authorised by such organisation. Vide W.B. Act 35 of 1975, S. 4.
13 [ 4-A. Ban on advertisement . If any person
( a ) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative,
( b ) prints or publishes or circulates any advertisement referred to in clause ( a ),
he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months.]
Himachal Pradesh . After Section 4 of the principal Act, the following sections shall be inserted , namely:
4-A. Bar of certain acts . Any person who
( i ) displays any presents made at the time of marriage in the form of cash, ornaments, clothes, or other articles; or
( ii ) gives in the form of shagun at the time of thaka , betrothal or tikka anything the value of which exceeds eleven rupees; or
( iii ) gives to the parents or any other relation of a party to the marriage anything on the occasion of milni or any other ceremony performed in relation to betrothal or marriage;
shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.
4-B. Penalty for depriving any party of the rights and privileges of marriage . (1) If after the marriage, any party to the marriage with or without assistance of any other person deprives any other party of the rights and privileges of marriage or tortures or refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.
(2) The provisions of this section shall be in addition to and not in derogation of, any provision on the subject contained in any other law for the time being in force. Vide H.P. Act 25 of 1976, S. 4, w.e.f. 24-6-1976.
Punjab . After Section 4 of the principal Act, the following sections shall be inserted , namely:
4-A. Bar of certain acts . Any person who
( i ) displays any presents made at the time of such marriage in the form of cash, ornaments, clothes or other articles; or
( ii ) takes in a marriage party more than twenty-five persons exclusive of minors and the members of the band; or
( iii ) gives in the form of shagun at the time of thaka, betrothal or marriage, anything the value of which exceeds eleven rupees; or
( iv ) gives to the parents or any other relation of a party to the marriage anything on the occasion of milni or any other ceremony performed in relation to betrothal or marriage; or
( v ) serves to the marriage party more than two principal meals; shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.
Explanation . In this section the expression principal meal means lunch or dinner.
4-B. Penalty for depriving any party of rights and privileges of marriage . Any party to the marriage who, after the marriage, deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the said other party, for non-payment of dowry, and any person who assists such party in the commission of such offence, shall be punishable with imprisonment for a term which may extend to one year, and fine which may extend to five thousand rupees. Vide Punjab Act 26 of 1976, S. 4, dt. 20-5-1976.
West Bengal . After Section 4 of the said Act, the following section shall be inserted , namely:
4-A. Penalty for depriving any party of the rights and privileges of marriage . (1) If after the marriage, any party to the marriage with or without assistance of his parents or guardians deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which shall not be less than three months, but may extend to one year or with fine which shall not be less than two thousand rupees, but may extend to five thousand rupees, or with both.
(2) The provisions of this section shall be in addition to, and not in derogation of, any provisions on the subject contained in any other law for the time being in force. Vide W.B. Act 35 of 1975, S. 5.
Section 5. Agreement for giving or taking dowry to be void
Any agreement for the giving or taking of dowry shall be void.
Section 6. Dowry to be for the benefit of the wife or her heirs
(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman
( a ) if the dowry was received before marriage, within 14 [three months] after the date of marriage; or
( b ) if the dowry was received at the time of or after the marriage, within 15 [three months] after the date of its receipt; or
( c ) if the dowry was received when the woman was a minor, within one year after she has attained the age of eighteen years,
and pending such transfer, shall hold it in trust for the benefit of the woman.
16 [(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor 17 [or as required by sub-section (3),] he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine 18 [which shall not be less than five thousand rupees, but which may extend to ten thousand rupees] or with both.]
(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being.
19 [Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,
( a ) if she has no children, be transferred to her parents, or
( b ) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.]
20 [(3-A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) 21 [or sub-section (3)] has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, 22 [her heirs, parents or children] the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, 23 [her heirs, parents or children] within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, 24 [her heirs, parents or children].]
(4) Nothing contained in this section shall affect the provisions of Section 3 or Section 4.
Haryana . In sub-section (2) of Section 6 of the principal Act, for the words or with fine which may extend to five thousand rupees, or with both , the words and with fine which may extend to five thousand rupees shall be substituted . Vide Haryana Act 38 of 1976, S. 2, dt. 11-8-1976.
Orissa . In the Dowry Prohibition Act, 28 of 1951 (hereinafter referred to as the principal Act), after Section 6 the following new sections shall be inserted , namely:
6-A. Penalty for denial of conjugal right by the husband . (1) If any person denies conjugal rights to his wife on the ground that dowry has not been given or on the ground that the dowry given is insufficient, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
(2) The Court trying an offence under this section may, at any stage of the proceedings, on the execution of a bond by the husband undertaking not to realise the dowry or any portion thereof, as the case may be, and to allow conjugal rights to the wife, drop the proceedings.
(3) Any proceedings dropped under sub-section (2) shall revive if the Court is satisfied, on an application made in that behalf by the wife, that the husband has failed to carry out the undertaking or has otherwise acted contrary to the terms of the bond, and thereupon the Court shall proceed with the case from the stage at which it was dropped:
Provided that no application under this sub-section shall be entertained if it is made after the expiry of three years from the date on which the proceedings were dropped.
(4) The Court may direct that the fine, if any, imposed under this section or such portion thereof as the Court deems proper, shall be paid to the wife as compensation.
6-B. Maintenance to be paid by husband on his conviction . (1) On conviction of a person for an offence under Section 6-A, the Court trying the offence may, on a claim made by his wife in that behalf within two months from the date of the order of conviction, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate not exceeding five hundred rupees, as the Court deems proper:
Provided that no such order shall be made without giving the parties concerned a reasonable opportunity of being heard.
(2) In determining the monthly allowance under this section regard shall be had to
( a ) the position and status of the parties;
( b ) the reasonable wants of the wife;
( c ) the value of the wife's property and any income derived from such property, or from the wife's own earning or from any other source; and
( d ) the amount of compensation awarded under Section 6-A.
(3) The maintenance allowance so ordered shall be a charge on the property, if any, of the husband, whether acquired before or after the date of the order.
(4) Where a complaint has been filed by the wife for an offence under Section 6-A, the husband shall not transfer any of his assets till
( a ) where no claim for maintenance has been preferred under this section, the date of expiry of the period of limitation specified in sub-section (1) for filing such claim; and
( b ) where such claim is preferred, the disposal of the claim.
(5) Notwithstanding anything contained in any other law, the wife may enforce any claim for maintenance against any property transferred by the husband in contravention of the provisions of sub-section (4) as if such transfer were null and void .
(6) The provisions contained in sub-section (3) of Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the recovery of the maintenance allowance ordered under this section. Vide Orissa Act 1 of 1976, S. 2, dt. 18-1-1976.
Payment of Maintenance by Husband on his conviction . On husband's conviction Section 6-B empowers a court to make provision for the maintenance of the wife under Section 125, CrPC. Section 6-B(2) gives court the discretion to regulate the quantum of maintenance on practically the same considerations which regulate such determination under Section 125, CrPC. Such maintenance is a charge on the husband's property. He can be restrained from alienating his property also.
The main provisions regarding grant of maintenance is contained in Section 125 CrPC, which runs as follows:
125. Order for maintenance of wives, children and parents . (1) If any person having sufficient means neglects or refuses to maintain
( a ) his wife, unable to maintain herself, or
( b ) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
( c ) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
( d ) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause ( b ) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation . For the purposes of this Chapter,
( a ) minor means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is deemed not to have attained his majority;
( b ) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation . If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
Madhya Pradesh . (1) In sub-section (1) of Section 125 of the Principal Act, for the words five hundred rupees the words three thousand rupees shall be substituted . [ vide M.P. Act 10 of 1998, S. 2 (30-5-1998)].
(2) In Section 125,
( i ) for the marginal heading, the following marginal heading shall be substituted , namely:
Order for maintenance of wifes, children, parents and grand parents.
( ii ) In sub-section (1),
( a ) After clause ( d ), the following clause shall be inserted , namely:
( e ) his grand father, grand mother unable to maintain himself or herself. ;
( b ) In the existing para, for the words a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding three thousand rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct , the words a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct shall be substituted ;
( c ) After the existing first proviso, the following proviso shall be inserted , namely:
Provided further that the relatives in clause ( e ) shall only be entitled to monthly allowance for maintenance if their sons or daughters are not alive and they are unable to maintain themselves. [ Vide M.P. Act 15 of 2004, S. 3]
Maharashtra . In Section 125 of the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra (hereinafter referred to as the said Code ),
( a ) in sub-section (1),
( i ) for the words not exceeding five hundred rupees the words not exceeding fifteen hundred rupees shall be substituted ;
( ii ) before the existing proviso, the following proviso shall be inserted , namely:
Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:
Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte , pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:
Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent. ;
( iii ) in the existing proviso, for the words Provided that the words Provided also that shall be substituted ;
( b ) after sub-section (2), the following sub-section shall be inserted , namely:
(2-A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under clause ( a ) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.
( c ) in sub-section (3),
( i ) after the words so ordered the words, brackets, figures and letters either under sub-section (1) or sub-section (2-A), as the case may be , shall be inserted ;
( ii ) after the words each month's allowance the words or, as the case may be, the lump sum allowance to be paid in lieu of the monthly allowance shall be inserted . [ vide Maharashtra Act XXI of 1999, S. 2 (20-4-1999)].
Rajasthan . In its application to the State of Rajasthan, in Section 125, sub-section (1), for the words five hundred occurring after the words at such monthly rate not exceeding and before the words rupees in the whole , the words two thousand five hundred shall be substituted . [ Vide Rajasthan Act 3 of 2001, S. 2].
Tripura . In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Principal Act) in its application to the State of Tripura, in sub-section (1) of Section 125, for the words five hundred rupees the words one thousand five hundred rupees shall be substituted . [ Vide Tripura Act 9 of 1999, S. 2 (w.e.f. 12-5-1999)].
Uttar Pradesh . In Section 125 of the Code of Criminal Procedure, 1973, hereinafter referred to as the principal Act,
( a ) in sub-section (1), for the words five hundred rupees the words five thousand rupees shall be substituted ;
( b ) after sub-section (5), the following sub-section shall be inserted , namely:
(6) Where in a proceeding under this section it appears to the Magistrate that the person claiming maintenance is in need of immediate relief for his support and the necessary expenses of the proceeding, the Magistrate may, on his application, order the person against whom the maintenance is claimed, to pay to the person claiming the maintenance, during the pendency of the proceeding such monthly allowance [* * *] and such expenses of the proceeding as the Magistrate considers reasonable and such order shall be enforceable as an order of maintenance. [ Vide U.P. Act 36 of 2000, S. 2 (w.e.f. 13-8-2001)].
Provisions of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1999 (U.P. Act No. 36 of 2000) regarding amendment of sub-section (1) of Section 125 and sub-section (1) of Section 127 of the principal Act which have become redundant consequent upon the commencement of the Code of Criminal Procedure (Amendment) Act, 2001 (Act No. 50 of 2001) enacted by Parliament, shall stand omitted . [ Vide U.P. Act 15 of 2011, S. 3]
The words not exceeding five thousand rupees omitted by U.P. Act 15 of 2011, S. 2
West Bengal . (1) In sub-section (1) of Section 125 of the principal Act,
( a ) for the words five hundred rupees , the words one thousand and five hundred rupees shall be substituted ;
( b ) after the existing proviso the following proviso shall be inserted :
Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred to in clause ( a ) or the minor child referred to in clause ( b ) or the child (not being a married daughter) referred to in clause ( c ) or the father or the mother referred to in clause ( d ) is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, and monthly during the proceeding such allowance as, having regard to the income of such person, it may seem to the Magistrate to be reasonable. [ Vide W.B. Act 25 of 1992, S. 4 (w.e.f. 2-8-1993)].
(2) In sub-section (1) of Section 125 of the principal Act, as amended by the Code of Criminal Procedure (West Bengal Amendment) Act, 1992 (West Bengal Act 25 of 1992), the words not exceeding one thousand and five hundred rupees shall be omitted . [ Vide W.B. Act 33 of 2001, S. 3, w.e.f. a date to be notified]
Section 7. Cognizance of offences
25 [(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
( a ) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;
( b ) no court shall take cognizance of an offence under this Act except upon
( i ) its own knowledge or a police report of the facts which constitute such offence, or
( ii ) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognised welfare institution or organisation;
( c ) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of any offence under this Act.
Explanation . For the purposes of this sub-section, recognised welfare institution or organisation means a social welfare institution or organisation recognised in this behalf by the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any offence punishable under this Act.]
26 [(3) Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]
Bihar . For Section 7 of the said Act, the following section shall be substituted , namely:
7. Trial of offences . Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974), no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act. Vide Bihar Act 4 of 1976, S. 4, w.e.f. 20-1-1976.
Haryana . For Section 7 of the principal Act, the following section shall be substituted , namely:
7. Cognizance of offences . Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
( a ) no court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
( b ) no court shall take cognizance of any such offence except on a complaint made by any party to the marriage or her father, mother or brother or a Gazetted Officer specially authorized by the State Government in this behalf, within a period of one year from the date of the marriage;
( c ) no court shall take cognizance of any such offence except with the previous sanction of the District Magistrate or of such officer as the State Government may, by general or special order, specify in this behalf;
( d ) no enquiry shall be carried out through any Police Officer below the rank of a Deputy Superintendent of Police;
( e ) no woman shall be called to a Police Station for the purpose of an enquiry regarding any offence under this Act. Vide Haryana Act 38 of 1976, S. 4, dt. 11-8-1976.
Himachal Pradesh . For Section 7 of the principal Act, the following shall be substituted , namely:
7. Trial of offences . (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974), no court inferior to that of Judicial Magistrate of first class shall try any offence under this Act.
(2) No court shall take cognizance of any offence under Section 4-B, except on a police report or complaint made within one year of marriage. Vide H.P. Act 25 of 1976, S. 5, w.e.f. 24-6-1976.
In Section 7 of the Dowry Prohibition Act, 1961 (28 of 1961), (hereinafter referred to as the principal Act) the brackets and figure (1) at the beginning of sub-section (1) and also sub-section (2) shall be omitted . Vide H.P. Act 39 of 1978, S. 2, w.e.f. 4-12-1978.
Punjab . For Section 7 of the principal Act, the following shall be substituted , namely:
7. Cognizance of offences . Notwithstanding anything contained in the Code of Criminal Procedure, 1973
(1) no court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
(2) no court shall take cognizance of any offence punishable under Sections 3, 4 and 4-B except upon a complaint made within one year from the date of the offence, by some person aggrieved by the offence:
Provided that
( a ) where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf;
( b ) where the person aggrieved by an offence is the wife, complaint may be made on her behalf by her father, mother, brother, sister or by her father's or mother's brother or sister; and
(3) every offence under Section 4-A shall be cognizable:
Provided that no police officer below the rank of a Deputy Superintendent of Police shall investigate any offence punishable under this Act or make any arrest therefor. Vide Punjab Act 26 of 1976, S. 5, dt. 20-5-1976.
West Bengal . In Section 7 of the said Act,
( a ) for the words and figures Code of Criminal Procedure, 1898 (5 of 1898) , the words and figures Code of Criminal Procedure, 1973 (2 of 1974) , shall be substituted ;
( b ) for the words presidency magistrate or a magistrate of the first class in the two places where they occur, the words Metropolitan Magistrate or a Judicial Magistrate of the first class shall be substituted ;
( c ) in clause ( b ), for the words one year from the date of the offence , the words three years from the date of the offence shall be substituted . Vide W.B. Act 35 of 1975, S. 6.
Section 8. Offences to be cognizable for certain purposes and to be
27 [ 8. Offences to be cognizable for certain purposes and to be 28 [non-bailable] and non-compoundable . (1) The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences
( a ) for the purposes of investigation of such offences; and
( b ) for the purposes of matters other than
( i ) matters referred to in Section 42 of that Code; and
( ii ) the arrest of a person without a warrant or without an order of a Magistrate.
(2) Every offence under this Act shall be 29 [non-bailable] and non-compoundable].
Bihar . For Section 8 of the said Act, the following section shall be substituted , namely:
8. Offences to be cognizable , non-bailable and non-compoundable . Every offence under this Act shall be cognizable, non-bailable and non-compoundable. Vide Bihar Act 4 of 1976, S. 5, w.e.f. 20-1-1976.
Himachal Pradesh . For Section 8 of the principal Act, the following section shall be substituted , namely:
8. Offences to be cognizable , bailable and non-compoundable . Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974), every offence under this Act shall be cognizable, bailable and non-compoundable. Vide H.P. Act 25 of 1976, S. 6, w.e.f. 24-6-1976.
Orissa . In Section 8 of the principal Act, for the words Every offence the words Save as otherwise provided, every offence shall be substituted . Vide Orissa Act 1 of 1976, S. 3, dt. 18-1-1976.
Punjab . For Section 8 of the principal Act, the following section shall be substituted , namely:
8. Offences to be bailable and non-compoundable . Every offence under this Act shall be bailable and non-compoundable. Vide Punjab Act 26 of 1976, S. 6, dt. 12-5-1976.
30 [ 8-A. Burden of proof in certain cases . Where any person is prosecuted for taking or abetting the taking of any dowry under Section 3, or the demanding of dowry under Section 4, the burden of proving that he had not committed an offence under those sections shall be on him.
Himachal Pradesh . For Section 8-A of the principal Act, the following Section 8-A shall be substituted , namely:
8-A. Cognizance of offences . No court shall take cognizance of any offence under this Act except on a police report under Section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint made by a person aggrieved by the offence, as the case may be, within one year from the date of the commission of the offence:
Provided that no police officer of the rank lower than that of the Deputy Superintendent of Police shall investigate any case registered under this Act:
Provided further that no court shall take cognizance of any offence under this Act except with the previous sanction of the District Magistrate, having jurisdiction in the area. Vide H.P. Act 39 of 1978, S. 2, w.e.f. 4-12-1978.
Punjab . After Section 8 of the principal Act, the following section shall be inserted , namely:
8-A. Institution of proceedings . No prosecution shall be instituted against any person in respect of any offence committed under this Act without the previous sanction of the District Magistrate or of such officer as the State Government may by special or general order appoint in this behalf. Vide Punjab Act 26 of 1976, S. 7, dt. 20-5-1976.
8-B. Dowry Prohibition Officers . (1) The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act.
(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely:
( a ) to see that the provisions of this Act are complied with;
( b ) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry;
( c ) to collect such evidence as may be necessary for the prosecution of persons committing offences under this Act; and
( d ) to perform such additional functions as may be assigned to him by the State Government, or as may by specified in the rules made under this Act.
(3) The State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification on the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this Act.
(4) The State Government may, for the purpose of advising and assisting the Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an advisory board consisting of not more than five social welfare workers (out of whom at least two shall be women) from the area in respect of which such Dowry Prohibition Officer exercises jurisdiction under sub-section (1).]
Section 9. Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
31 [(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
( a ) the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of Section 3 shall be maintained and all other matters connected therewith; and
( b ) the better coordination of policy and action in respect of the administration of this Act.]
32 [(3)] Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Himachal Pradesh . In Section 9 of the principal Act,
( a ) after the words Central Government occurring in sub-section (1) the words or the State Government with the prior approval of the Central Government shall be inserted ;
( b ) in sub-section (2) after the words Every rule made and before the words under this section the words by the Central Government shall be inserted ;
( c ) after sub-section (2), the following sub-section (3) shall be added , namely:
(3) Every rule made by the State Government under this section shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of not less than seven days, which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the sessions immediately following, the Legislature requires any modification in the rule or desires that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Vide H.P. Act 25 of 1976, S. 7, w.e.f. 24-6-1976.
Punjab . In Section 9 of the principal Act,
( i ) in sub-section (1), after the words Central Government , the words or the State Government shall be inserted ;
( ii ) in sub-section (2), after the words every rule made the words by the Central Government shall be inserted ; and
( iii ) after sub-section (2), the following sub-section shall be added , namely:
(3) Every rule made under this section by the State Government shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Vide Punjab Act 26 of 1976, S. 8, dt. 20-5-1976.
Section 10. Power of the State Government to make rules
33 [(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
( a ) the additional functions to be performed by the Dowry Prohibition Officers under sub-section (2) of Section 8-B.
( b ) limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub-section (3) of Section 8-B.
(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.]
1. Extended to Pondicherry by Act 26 of 1968, S. 3 & Sch., Part I and to Dadra and Nagar Haveli by Regn. 6 of 1963. State Amendments: Bihar Act 4 of 1976; Haryana Act 38 of 1976; H.P. Acts 25 of 1976 and 39 of 1978; Orissa Act 1 of 1976; Punjab Act 26 of 1976 and W.B. Act 35 of 1975.
2. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, Ss. 95, 96 and Sch. V (w.e.f. 31-10-2019).
3. 1st July, 1961 [Vide S.O. 1410, dt. 20-6-1961, Gazette of India, Extra., Pt. II, S. 3(ii), p. 1005.]
4. Subs. by Act 43 of 1986 (w.e.f. 19-11-1986).
5. Subs. by Act 63 of 1984, S. 2 (w.e.f. 2-10-1985).
6. Omitted by Act 63 of 1984 (w.e.f. 2-10-1985). Prior to omission it read as: Explanation I. For the removal of doubts, it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
7. Ins. by Act 63 of 1984, S. 3 (w.e.f. 2-10-1985).
8. Subs. by Act 63 of 1984, S. 3, (w.e.f. 2-10-1985).
9. Subs. by Act 43 of 1986 for six months, but which may extend to two years, and with fine which may extend to ten thousand rupees or the amount of the value of such dowry, whichever is more (w.e.f. 19-11-1986).
10. Subs. for six months by Act 43 of 1986 (w.e.f. 19-11-1986).
11. Ins. by Act 63 of 1984, S. 3 (w.e.f. 2-10-1985).
12. Subs. by Act 63 of 1984, S. 4 (w.e.f. 2-10-1985).
13. Ins. by Act 43 of 1986 (w.e.f. 19-11-1986).
14. Subs. by Act 63 of 1984, S. 5 (w.e.f. 2-10-1985).
15. Subs. by Act 63 of 1984, S. 5 (w.e.f. 2-10-1985).
16. Subs. by Act 63 of 1984, S. 5 (w.e.f. 2-10-1985).
17. Ins. by Act 43 of 1986 (w.e.f. 19-11-1986).
18. Subs. for which may extend to ten thousand rupees by Act 43 of 1986 (w.e.f. 19-11-1986).
19. Ins. by Act 43 of 1986 (w.e.f. 19-11-1986).
20. Ins. by Act 63 of 1984, S. 5 (w.e.f. 2-10-1985).
21. Ins. by Act 43 of 1986 (w.e.f. 19-11-1986).
22. Subs. by Act 43 of 1986 (w.e.f. 19-11-1986).
23. Subs. by Act 43 of 1986 (w.e.f. 19-11-1986).
24. Subs. by Act 43 of 1986 (w.e.f. 19-11-1986).
25. Subs. by Act 63 of 1984, S. 6 (w.e.f. 2-10-1985).
26. Ins. by Act 43 of 1986 (w.e.f. 19-11-1986).
27. Subs. by Act 63 of 1984, S. 7 (w.e.f 2-10-1985).
28. Subs. by Act 43 of 1986 for bailable (w.e.f. 19-11-1986).
29. Subs. by Act 43 of 1986 for bailable (w.e.f. 19-11-1986).
30. Ins. by Act 43 of 1986 (w.e.f. 19-11-1986).
31. Sub-section (2) renumbered as sub-section (3) and new sub-section (2) ins. by Act 63 of 1984, S. 8 (w.e.f. 2-10-1985).
32. Sub-section (2) renumbered as sub-section (3) and new sub-section (2) ins. by Act 63 of 1984, S. 8 (w.e.f. 2-10-1985).
33. Subs. by Act 43 of 1986 (w.e.f. 19-11-1986).