Definition of "dowry"
In this Act, "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;
at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation II.—The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).
In plain English
What this section actually means
Section 2 is the keystone. The word 'dowry' is defined exceptionally widely. Any property — movable, immovable, money, jewellery, vehicles, share certificates — or 'valuable security' that is given, or even agreed to be given, directly or indirectly, between the parties or by parents or any third person, before, at or any time after the marriage, in connection with the marriage, counts as dowry.
Three details matter. First, the 1986 amendment added 'or any time after the marriage', letting courts reach demands made years after the wedding — typical of post-marital harassment cases. Second, the phrase 'in connection with the marriage' is the controlling link — gifts given on Diwali or out of pure affection fall outside Section 2. Third, the carve-out: Muslim 'dower' (mahr) is excluded because mahr is a mandatory payment from husband to wife — the legal opposite of dowry.
'Valuable security' carries the meaning of Section 30 IPC (now Section 2(33) BNS, 2023) — broadly, any document creating, extending, transferring or releasing legal rights.
In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held property given as dowry remains the woman's stridhan — refusal to return it is criminal breach of trust.
Defined terms
How the Act defines the words it uses
- Dowry§2
- Property or valuable security given or agreed to be given directly or indirectly by one party to the marriage to the other, or by parents or any third person, before, at or any time after the marriage, in connection with the marriage. Excludes Muslim dower / mahr.
- Valuable security§2 Explanation II
- Section 30 IPC / Section 2(33) BNS — any document creating, extending, transferring, restricting, extinguishing or releasing any legal right.
Visual
See how it flows
Old vs new
Dowry vs. gift / stridhan / dower
All transfers around marriage are not dowry — Section 2 turns on connection and demand.
- Demanded or agreed in connection with marriageVoluntary gifts unconnected with marriage
- Direct or indirectStridhan presents to bride (no demand, listed under §3(2)(a))
- Before, at or any time after marriageMuslim dower / mahr (expressly excluded)
- Cash, property, valuable security — any formCustomary presents to bridegroom within Section 3(2)(b)
Real life
What this looks like in real life
'Gift' of a car at the wedding
Setup. The bride's father gifts a luxury car to the groom 'as a wedding present', stating publicly that there was no demand from the in-laws.
What the law does. If genuinely without demand and entered on the rules-prescribed list, it may be a customary present under Section 3(2)(b) — provided not excessive relative to giver's means. If any demand preceded, or value is disproportionate, it is dowry under Section 2 and attracts Section 3.
Demand for ₹5 lakh five years into marriage
Setup. Husband demands ₹5 lakh from the wife's family in 2024 for a flat, the marriage having been solemnised in 2019.
What the law does. Demand is 'in connection with the marriage' and made 'any time after marriage'. Section 2 catches it; Section 4 prosecution lies — minimum 6 months, up to 2 years, plus fine.
Landmark cases
How the courts have read this
Pratibha Rani v. Suraj Kumar
Supreme Court of India · 1985 · (1985) 2 SCC 370
Property given to a married woman as dowry remains her stridhan; refusal by husband or in-laws to return it is criminal breach of trust under Section 405 IPC (now Section 314 BNS).
Inder Raj Malik v. Sunita Malik
Delhi High Court · 1986 · (1986) Cri LJ 1510
Continued demands after marriage fall within Section 2 read with Section 4 — the Section's reach is not confined to the moment of solemnisation.
Frequently asked
Questions about Section 2
Open this section in the source PDF
dowry_prohibition.pdf
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