Ban on advertisement
If any person—
(a) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative,
(b) prints or publishes or circulates any advertisement referred to in clause (a),
he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees:
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 six months.
In plain English
What this section actually means
Section 4A — inserted in 1986 — targets matrimonial advertisements that openly offer property, money or business shares as consideration for marriage. The mischief is on both sides: the offeror under clause (a) and the medium that prints, publishes or circulates the advertisement under clause (b). The newspaper or matrimonial portal is therefore liable along with the family.
Punishment is minimum 6 months, up to 5 years, or fine up to ₹15,000. The Proviso allows below-6-month sentencing for adequate reasons.
In the era of digital matrimonial portals, Section 4A reaches every online platform that hosts a matrimonial advertisement offering consideration. Compliance teams of newspapers and matrimonial sites routinely screen submissions for such offers.
Real life
What this looks like in real life
Matrimonial portal accepts an ad offering 'share in business'
Setup. A businessman places an ad on a matrimonial portal offering 'equal share in our textile business' in exchange for marriage to his daughter. The portal publishes the ad.
What the law does. Businessman liable under Section 4A(a); portal liable under Section 4A(b). Both face minimum 6 months. The portal cannot plead ignorance — Section 4A imposes liability on publisher / circulator independently.
Frequently asked
Questions about Section 4A
Open this section in the source PDF
dowry_prohibition.pdf
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