Penalty for demanding dowry
If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
In plain English
What this section actually means
Section 4 makes the act of demanding dowry — by itself, without any payment yet — a criminal offence. The demand can be direct or indirect, made to the parents, other relatives or guardian of the bride or bridegroom. Section 4 was redrafted in 1984 to catch the demanding side independently of the giving side under Section 3, because in practice it is the demand that drives the harassment.
Punishment: minimum 6 months, up to 2 years, plus fine up to ₹10,000. Like Section 3, the Proviso allows reduction below 6 months for adequate and special reasons. Section 8A reverses the burden — once the prosecution shows a demand, the accused must prove he did not make it.
Section 4 is regularly used alongside Section 84 BNS, 2023 (cruelty) when post-marital dowry demands accompany domestic violence.
Real life
What this looks like in real life
WhatsApp message demanding gold
Setup. The groom's father sends a WhatsApp message to the bride's mother saying 'we expect 50 sovereigns of gold at the engagement; please confirm'.
What the law does. The message is a direct demand. Even without any transfer, Section 4 attracts — minimum 6 months. The forensic copy is admissible under the Bharatiya Sakshya Adhiniyam, 2023.
Landmark cases
How the courts have read this
State of Himachal Pradesh v. Nikku Ram
Supreme Court of India · 1995 · (1995) 6 SCC 219
Section 4 catches even an indirect demand made through relatives. The demand need not be addressed to the bride or bridegroom directly.
Pawan Kumar v. State of Haryana
Supreme Court of India · 1998 · (1998) 3 SCC 309
Section 4 + Section 304B IPC (now Section 80 BNS) operate together — a Section 4 demand close in time to the woman's death is a powerful evidentiary anchor for dowry death.
Frequently asked
Questions about Section 4
Open this section in the source PDF
dowry_prohibition.pdf
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