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Marriage law · After marriageDowry Law in India: Prohibition Act and BNS Section 80
Giving, taking or demanding dowry is a crime in India, and harassment for dowry can attract serious penalties. Here is what the law says and how to get help.
Getting help now
If you are in danger right now, call 112, the national emergency number. The Women Helpline 181 runs round the clock and can connect you to the police, a One Stop Centre, medical help and counselling. The National Commission for Women lists its 24x7 helpline as 14490.
You can also complain to the police, the Dowry Prohibition Officer for your area, or the NCW's online complaint system.
What counts as dowry
The Dowry Prohibition Act, 1961 defines dowry as property or valuable security given or agreed to be given, directly or indirectly, by one party to a marriage (or their parents or anyone else) to the other party, in connection with the marriage, at or before or any time after the wedding. Mehr under Muslim personal law is excluded.
Presents given at the time of the wedding without any demand are not dowry under the Act, provided they are entered in a list kept under the rules and are customary and reasonable in value. Keeping such a list, signed by both families, is a sensible precaution.
The main offences
- Section 3, giving or taking dowry: imprisonment of not less than five years and a fine of not less than Rs 15,000 or the value of the dowry, whichever is more. A court may impose a lesser term only for adequate and special reasons recorded in writing.
- Section 4, demanding dowry: directly or indirectly demanding dowry from the bride's or groom's family is punishable with imprisonment and fine.
- Section 4A: advertising offers of money or property in return for a marriage is an offence.
- Section 6, dowry belongs to the woman: anyone who receives dowry holds it in trust for the woman and must transfer it to her within the time the Act sets. Failing to do so is an offence.
- Section 8A: where a person is prosecuted for taking or abetting the taking of dowry, or demanding it, the burden of proving they did not commit the offence is on them.
The Act also allows states to appoint Dowry Prohibition Officers (section 8B) to see that the Act is followed, prevent dowry demands and collect evidence for prosecution.
Dowry death: BNS section 80 (old IPC 304B)
Since 1 July 2024, section 80 of the Bharatiya Nyaya Sanhita (BNS) covers dowry death, replacing section 304B of the IPC. Where a woman dies by burns or bodily injury, or otherwise than under normal circumstances, within seven years of marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with a dowry demand, the death is a dowry death and the husband or relative is deemed to have caused it. The punishment is imprisonment of at least seven years, which may extend to imprisonment for life.
The legal presumption
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaced section 113B of the Indian Evidence Act) says that where it is shown that a woman was subjected to cruelty or harassment for dowry soon before her death, the court shall presume that the person who did so caused the dowry death. The accused must then rebut the presumption.
Cruelty for dowry while she is alive
Harassment for dowry is also cruelty under sections 85 and 86 of the BNS (old section 498A IPC), covered on our cruelty under 498A / BNS page, and domestic violence under the Domestic Violence Act, which can give protection, residence and money orders quickly.
How to complain
- Police: file a complaint or FIR at the local police station. Dowry demands combined with cruelty are cognisable offences.
- Dowry Prohibition Officer: many states have designated officers, often in the women and child development or social welfare department.
- Magistrate: a complaint can be made directly to the court.
- NCW and State Women's Commissions: online complaints are accepted.
- Free legal aid: your District Legal Services Authority can help you draft and file.
Keep evidence: messages, call records, lists of gifts, bank transfers and the names of people present when demands were made.
Before the wedding
If dowry is being demanded during talks, it is lawful and often wise to walk away. A family that demands money before the wedding rarely stops after it. Our page on broken engagements explains your remedies, and our guides cover finding a partner whose family shares your values.
This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.
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Second marriage on TrueSaath All marriage lawQuestions people ask
Is giving dowry also a crime, or only taking it?
Both. Section 3 of the Dowry Prohibition Act punishes giving, taking and abetting dowry, with a minimum of five years' imprisonment.
Which BNS section replaced IPC 304B on dowry death?
Section 80 of the Bharatiya Nyaya Sanhita, in force from 1 July 2024, now defines and punishes dowry death.
Are wedding gifts treated as dowry?
Not if they are given without demand, are customary and reasonable, and are entered in a list as the rules require.
Who is a Dowry Prohibition Officer?
An officer appointed by the state under section 8B of the Dowry Prohibition Act to prevent dowry demands, ensure the Act is followed and collect evidence.
What is the presumption in dowry death cases?
Under section 118 of the Bharatiya Sakshya Adhiniyam (old section 113B Evidence Act), if dowry cruelty soon before death is shown, the court presumes the person caused the dowry death.
Sources
Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.
- Dowry Prohibition Act, 1961 (India Code)
- Bharatiya Nyaya Sanhita, 2023 (India Code)
- Bharatiya Sakshya Adhiniyam, 2023 (India Code search)
- National Commission for Women: helpline 14490 and online complaints
- Protection of Women from Domestic Violence Act, 2005 (bare act, PRS India)
- NALSA: free legal aid and helpline 15100
After marriage: more
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