Cognizance of offences
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;
(b) no court shall take cognizance of an offence under this Act except upon—
(i) its own knowledge or a police report of the facts which constitute such offence, or
(ii) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognised welfare institution or organisation;
(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.
Explanation.—For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any offence punishable under this Act.
(3) Notwithstanding anything contained in any law for the time being in force a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.
In plain English
What this section actually means
Section 7 controls who can take dowry cases. Sub-section (1)(a) keeps the offence at the level of a Metropolitan Magistrate or a Judicial Magistrate of the First Class — no lower court can try a dowry case. Sub-section (1)(c) gives those Magistrates full sentencing power.
Sub-section (1)(b) lays down who can set the prosecution in motion. The court can take cognizance only on (i) its own knowledge, (ii) a police report, or (iii) a complaint by the person aggrieved, her parent / relative, or a recognised welfare institution. The Explanation defines 'recognised welfare institution' — one recognised by the Central or State Government. This gives bodies like the National Commission for Women a direct prosecution route.
Sub-section (2) excludes Chapter XXXVI of the CrPC (now corresponding chapter of BNSS, 2023) — which contains limitation periods — from offences under this Act. Effect: there is no limitation period for filing a dowry prosecution. A complaint about a 2010 dowry can be filed in 2026.
Sub-section (3) — added in 1986 — is a victim-protection clause. A statement by the aggrieved person about the dowry will not, by itself, expose her to Section 3 prosecution as a 'giver' of dowry. Without this, the wife who came forward as a witness could herself face Section 3 — a serious structural disincentive to come forward.
Visual
See how it flows
Real life
What this looks like in real life
NCW files a Section 4 complaint on behalf of a wife
Setup. A wife approaches the National Commission for Women with repeated dowry demands. NCW files a complaint in the Judicial Magistrate's court.
What the law does. NCW is a 'recognised welfare institution' under Section 7(1)(b)(ii). The Magistrate is empowered to take cognizance. The Section 4 prosecution proceeds.
Wife wants to file complaint about a 2008 marriage in 2025
Setup. In 2025, a wife wants to file a Section 4 + Section 6 complaint about dowry given at her 2008 marriage.
What the law does. Section 7(2) excludes the limitation chapter. The 17-year gap does not bar the complaint. The court takes cognizance under Section 7(1)(b)(ii).
Cross-references
Read this alongside
- Bharatiya Nagarik Suraksha Sanhita, 2023§Chapter XXXIX (limitations)·Excluded by Section 7(2) for dowry offences. The BNSS replaces the CrPC, 1973, but the exclusion carries over.
Frequently asked
Questions about Section 7
Open this section in the source PDF
dowry_prohibition.pdf
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