The Dowry Prohibition Act 1980

THE DOWRY PROHIBITION ACT, 1980
(ACT NO. XXXV OF 1980).

An Act to prohibit the taking or giving of dowry in marriages.
WHEREAS it is expedient to make provision to prohibit the taking or giving of dowry in

marriages;
It is hereby enacted as follows: -
Short title and commencement 1. (1) This Act may be called the Dowry Prohibition Act, 1980.
(2) It shall come into force on such date as the Government may, by notification in the official
Gazette, appoint.
Definition:
2. In this Act, unless there is anything repugnant in the subject or context, “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;
[1. at the time of marriage or at any time] before or after the marriage as consideration for the
marriage of the said parties, but does not include dower or mehr 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 by any person other than a party to the marriage to either party to the marriage
in the form of any articles the value of which does not exceed five hundred taka, 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 party.
Explanation II.- The expression “valuable security” has the same meaning as the section 30 of
the Penal Code (Act XLV of 1860).
Penalty for giving or taking dowry: 3. 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 2[ five years and shall not be less than one year, or with fine, or with both].
Penalty for demanding dowry: 4. 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 3[ five years and shall
not be less than one year, or with fine, or with both].
Agreement for giving or taking dowry to be void: 5. Any agreement for the giving or taking of
dowry shall be void.
1
6[Omitted]: 6. [Dowry for the benefit of the wife or her heirs-. Omitted by section 3 of The
Dowry Prohibition (Amendment) Ordinance, 1984 (Ordinance No. XLIV of 1984).]
Cognizance of offences: 7. Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898),-
(a) no Court inferior to that of a 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 within one
year from the date of the offence;
(c) it shall be lawful for a magistrate of the first class to pass any sentence authorised by this Act
on any person convicted of an offence under this Act.
Offence to be non-cognizable, etc: 8. Every offence under this Act shall be non cognizable,
non-bailable and compoundable.]
Power to make rules: 9. (1) The Government may, by notification in the official Gazette, make
rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall, as soon as may be after it is made, be laid before
Parliament and if Parliament before the expiry of the session in which it is laid, agree in making
any modification in the rule or 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, subject that any
such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
12:00 AM, February 01, 2017 / LAST MODIFIED: 12:00 AM, February 01, 2017
EDITORIAL
The Dowry Prohibition Act-2017

Effectiveness depends on enforcement
The Cabinet has approved in principle the draft of “The Dowry Prohibition Act-2017”. It
incorporates the earlier Dowry Prohibition Act, 1980 and subsequent amendments.
The Act lays down 14 years' rigorous imprisonment along with fines for any individual or
individuals who incite any girl to commit suicide over dowry.
2
It has a provision also for a life-term of 12 years for hurting a woman over dowry. That the
government has taken cognisance of the fact that dowry is a serious social malady that needs to
be tackled with legislation is welcome.
However, as pointed out by legal minds, most of what has been proposed in the new Act is
already in place under different laws. But it is good that all issues have been brought under a
single Act. That said, Bangladesh is a country that has ample laws on paper. It is the lack of
enforcement of existing laws that have been the problem. It is our hope that those responsible for
upholding the law will utilise this upcoming Act to go after the perpetrators of dowry-related
violence.
The incorporation of imprisonment and financial penalty, if applied to the full extent of the law
should help reduce the thousands of incidents of dowry related violence we are forced to witness
every year in both rural and urban Bangladesh. The time is ripe to deliver the message that
women cannot be maltreated over dowry that demanding dowry is illegal and only time will tell
if the Act is being utilised as it was intended to.

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THE DOWRY PROHIBITION ACT, 1980

(ACT NO. XXXV OF 1980).

WHEREAS it is expedient to make provision to prohibit the taking or giving of dowry in

The Dowry Prohibition Act-2017

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