Agreement for giving or taking dowry to be void
Any agreement for the giving or taking of dowry shall be void.
In plain English
What this section actually means
Section 5 is a one-liner with quiet legal power. Any agreement to give or take dowry is void from the beginning — it cannot be enforced in any civil court. So if the groom's father promises in writing to the bride's father that a piece of land will be transferred on the wedding day and reneges, the bride's father cannot sue on the contract for damages — the agreement itself has no legal standing.
The converse is also true: even if the dowry was paid, the giver cannot sue for return on the basis of the agreement. The civil remedy that does survive is Section 6 — the recipient holds the dowry in trust for the woman.
Real life
What this looks like in real life
Suit on an unpaid dowry promise
Setup. Groom's family had taken a promissory note for ₹15 lakh from the bride's father as part of the wedding settlement. After two years, they sue to enforce the note.
What the law does. The note is a 'dowry agreement' under Section 2. Section 5 makes it void. The suit fails at the threshold. The plaintiff is also exposed to Section 3 for having taken (or attempted) dowry.
Cross-references
Read this alongside
- Indian Contract Act, 1872§Section 23·An agreement whose object is forbidden by law is void. Section 5 of this Act makes the position explicit for dowry agreements.
Frequently asked
Questions about Section 5
Open this section in the source PDF
dowry_prohibition.pdf
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