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Section 7 of the Dowry Prohibition Act 1961: Cognizance of Offences

Section 7 (Cognizance of offences) of the Dowry Prohibition Act 1961 —

❝(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 an 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.

(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.❞



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Notes:

The Dowry Prohibition Act, 1961 (No. 28 of 1961) was amended by:
- the Delegated Legislation Provisions (Amendment) Act, 1983 (No. 20 of 1983) (w.e.f. 15-3-1984);
- the Dowry Prohibition (Amendment) Act, 1984 (No. 63 of 1984) (w.e.f. 2-10-1985);
- the Dowry Prohibition (Amendment) Act, 1986 (No. 43 of 1986) (w.e.f. 19-11-1986).

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