Report 202 – Proposal to amend Section 304-B IPC Dowry ... - Jeywin

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too, but legislation is necessary and essential, so that it may
give that push and have those educative factors as well as
the legal sanctions behind it which help opinion to be given
a certain shape.”
The enactment of Dowry Prohibition Act, 1961, in its
original form was found inadequate. Experience shows that
the demand of dowry and the mode of its recovery take
different forms to achieve the same result and various
indirect and sophisticated methods are used to avoid leaving
any evidence of the offence. Similarly, the consequence of
non-fulfillment of demand of dowry meted out to the
unfortunate bride take different forms to avoid any casual
connection between the demand of dowry and its
prejudicial effects on the bride. This experience has led to
several other legislative measures in the continuing battle to
combat this evil” (Paras 5 and 6 at pp.300-301).
2.2 Law to regulate dowry
2.2.1 The Government, from time to time, has come up with
legislations to protect the women and to punish those committing
atrocities on them. In 1961, the Dowry Prohibition Act (Act 28 of
1961) was passed prohibiting taking or giving dowry. By the
Criminal Law (Second Amendment) Act 1983 (Act 46 of 1983)
Chapter XXA was introduced in the Penal Code with Section
498A, creating a new offence of cruelty, which provides for
punishment to the husband or relatives if they harass the women
with a view to coerce her to meet any unlawful demand for