# 3 Penalty for giving or taking dowry
1[(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2[with imprisonment for a term which shall not be less than 3[five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than 4[five years].]
5[(2) Nothing in sub-section (1) shall apply to, or in relation to,--
(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]
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1. Section 3 renumbered as sub-section <i>(1)</i> of that section by s. 3, <i>ibid</i>. (w.e.f. 2-10-1985).
2. Subs. by s. 3, <i>ibid</i>., for certain words (w.e.f. 2-10-1985).
3. Subs. by Act 43 of 1986, s. 3, for certain words (w.e.f. 19-11-1986).
4. Subs. by s. 3, <i>ibid</i>., for "six months" (w.e.f. 19-11-1986).
5. Ins. by Act 63 of 1984, s. 3 (w.e.f. 2-10-1985).
