Dowry to be for the benefit of the wife or her heirs
(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman—
(a) if the dowry was received before marriage, within three months after the date of marriage; or
(b) if the dowry was received at the time of or after the marriage, within three months after the date of its receipt; or
(c) if the dowry was received when the woman was a minor, within three months after she has attained the age of eighteen years;
and pending such transfer, shall hold it in trust for the benefit of the woman.
(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or as required by sub-section (3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both.
(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:
Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,—
(a) if she has no children, be transferred to her parents, or
(b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.
(3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) or sub-section (3) has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children, the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, her heirs, parents or children.
(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.
In plain English
What this section actually means
Section 6 is the restitution mechanism. Even though Section 3 makes giving and taking dowry criminal, Parliament recognised that women who survive a dowry marriage should not lose the property to a punishment-only regime. Section 6 converts the recipient — typically the husband or his family — into a statutory trustee of the dowry on behalf of the woman.
Sub-section (1) sets the transfer timeline: 3 months from marriage if dowry received before; 3 months from receipt if at or after marriage; or 3 months from her attaining 18 if she was a minor.
Sub-section (2) makes failure to transfer a separate criminal offence — minimum 6 months, up to 2 years, plus fine ₹5,000-₹10,000.
Sub-section (3) deals with death. If the woman dies before receiving the dowry, the heirs claim it. But the post-1986 Proviso adds a critical twist: if she dies within 7 years of marriage 'otherwise than due to natural causes' — i.e., suspicious or unnatural — the property goes to her parents (no children) or to her children, not to the in-laws. This was designed to defeat the typical post-dowry-death pattern of in-laws inheriting.
Sub-section (3A) gives the conviction court a corrective tool — it can order the convicted person to transfer the property within a specified period, and if he fails, the value is recoverable as a fine and paid to the woman / heirs / parents / children.
Sub-section (4) clarifies that Section 6 operates in addition to — not in place of — Sections 3 and 4 criminal liability.
Visual
See how it flows
Process
Section 6 transfer timeline
Three months. Then criminal liability under Section 6(2).
Dowry received
Before / at / after marriage
Held in trust
By recipient for woman
Transfer to woman
Within 3 months (or +18 if minor)
Failure → §6(2)
6 mo–2 yrs + fine ₹5k-₹10k
Court order §6(3A)
Force transfer or recover value as fine
If woman dies — §6(3)
Heirs claim; 7-yr proviso → parents / children
Real life
What this looks like in real life
Mother-in-law holds the wedding jewellery for 18 months
Setup. Two years into the marriage, the wife asks for her wedding jewellery (₹12 lakh) that her mother-in-law has been keeping 'for safekeeping'. The mother-in-law refuses.
What the law does. Section 6(1)(b) required transfer within 3 months — 15 months ago. Section 6(2) attracts: 6 months to 2 years + ₹5k-₹10k fine. Section 6(3A) lets the trial court also order transfer of the jewellery and recover its value as a fine if disobeyed.
Wife dies in suspicious fire 4 years after marriage
Setup. Four years after the wedding, the wife dies in a kitchen fire under suspicious circumstances. Wedding jewellery (₹15 lakh) and gifted flat are with the husband. Her parents claim them.
What the law does. The 7-year proviso applies — 'otherwise than due to natural causes'. Since the wife had no children, the property is to be transferred to her parents, not retained by the husband. Husband faces Section 6(2) prosecution if he resists, and potentially Section 80 BNS dowry-death charges separately.
Cross-references
Read this alongside
- Bharatiya Nyaya Sanhita, 2023§Section 80·Dowry death — when invoked alongside Section 6's 7-year unnatural-death proviso, completes the legal response to dowry-driven deaths.
- Bharatiya Nyaya Sanhita, 2023§Section 84·Cruelty by husband / relatives — often runs in parallel with Section 6 failure-to-transfer.
Frequently asked
Questions about Section 6
Open this section in the source PDF
dowry_prohibition.pdf
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