Dowry Prohibition Act 2018:

Dowry-Prohibition-Act-2018-Roy-and-Associates

Dowry is one of the very common social problem in Bangladesh. The most alarming aspect of dowry is that the physical and mental torture on the wife due to non fulfilment of dowry demand. Every year a number of women are tortured, killed and attempted suicide due to dowry. To deal with this social problem Bangladesh Government has enacted the Dowry Prohibition Act, 1980, which was subsequently amended several times. 

On 2018 Bangladesh Government has repealed the Dowry Prohibition Act, 1980 and enacted the Dowry Prohibition Act, 2018  to remove certain loopholes and to make it more severe. 

Basic Features of the Dowry Prohibition Act 2018:

This Act contains only 11 Sections. The main sections of the said Act are discussed here. 

  • Section 2(b) Dowry Means: 

“Dowry” means money or any other asset demanded, directly or indirectly, or given or agreed to be given by one party to a marriage to the other party to the marriage, as the consideration for the marriage at the time of, or before, the marriage or during the existence of marital relationship as the precondition of marriage, or on condition of continuing the marriage, but does not include dower or mehr in the case of persons to whom the Muslim Personal Law (Shariat) applies or the presentation given to the either party to a marriage at the time of the marriage by the relatives, friends or well-wishers of the parties to the marriage.

  • Section 3 – Penalty for demanding dowry: 

If any party to a marriage demands, directly or indirectly, dowry from other party to the marriage, it shall be an offence under this Act and for that reason, he shall be punished with imprisonment for a term not exceeding 5 (five) years, but not less than 1 (one) year, or with fine not exceeding 50,000 (fifty thousand) Taka, or with both.

  • Section 4 – Penalty for giving or taking dowry etc.: 

If any party to a marriage gives or accepts dowry, or abets to give or take dowry, or makes agreement for giving or taking dowry, such act shall be an offence and for that reason, he shall be punished with imprisonment for a term not exceeding 5 (five) years, but not less than 1 (one) year, or with fine not exceeding 50,000 (fifty thousand) Taka, or with both.

  • Section 6 – Penalty for filing false case etc.: 

If any person, with intent to affect another person, files or causes to file a case or makes or causes to make a complaint against the person knowing that there is no just or legal ground for filing a case or making a complaint, he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with fine not exceeding 50,000 (fifty thousand) Taka, or with both.

  • Section 7 – Offences to be cognizable, non-bailable etc.:

The offences committed under this Act shall be cognizable, non-bailable and compoundable.

  • Section 8 – Trail of Offence etc.: 

The Provisions of the Code of Criminal Procedure, 1898 (Act No. V of 1898) shall apply to the investigation, trial, appeal and other concerned matters of the offences committed under this Act.