Definition of dowry: As per the Dowry Prohibition Act (originally passed in 1961 and amended twice in the 1980s), dowry is defined as 'any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before [or any other time after the marriage] in connection with the marriage of the said parties'. As per this definition, gifts of jewelry, clothes and cash traditionally given by the groom's family would also be covered by the anti-dowry law and hence declared illegal.

Cognizable offence: Two amendments enacted in 1984 and 1986 made dowry giving and receiving a cognizable offence. This means, a court can initiate proceedings upon its own knowledge or on the basis of a police report, even if the aggrieved person has lodged no such complaint. Gifts allowed : As per this law 'dowry' is forbidden but 'gifts' are allowed. The anti-dowry law cannot be invoked against the giving of presents at the time of marriage to the bride without any demand having been made 'provided that such presents are entered in a list maintained in accordance with the rules' as defined under the Anti- Dowry Act.

Presents to the groom allowed: Presents given to the groom are also exempted, provided no demand has been made and they are entered in a list and provided that 'such presents are of a customary nature and the value thereof is not excessive' in relation to the 'financial status of the person by whom, or on whose behalf, such presents are given.'

Prescribed punishment: A person found guilty of taking or abetting the giving or taking of dowry, invites imprisonment for a term not less than five years and with a fine which shall not be less than Rs 15000 or the amount of the value of such dowry, whichever is more.

Legalising the illegal: After declaring that giving or taking of dowry is illegal, the Act adds a curious rider that 'where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person will transfer the dowry to the woman within three months after the date of marriage or within three months after the date of receipt. Failure to transfer a woman's dowry invites imprisonment for not less than six months and a fine of Rs.10,000. If the dowry was received when the woman was a minor, it should be transferred to her within three months after she has attained the age of 18 years.

In most other crimes, including murder, Indian jurisprudence puts the burden of proof on the complainant and the accused is considered innocent till proven guilty. However, in the case of dowry related offences, a husband and his family have to prove that they did not make dowry demands and what was given by the bride's parents were voluntary gifts.

Dowry return : Section 406 prescribes imprisonment of up to three years for criminal breach of trust for not returning a woman's dowry, if a woman demands it after her marriage breaks down. Section 406 is one of the few clauses in the law that has proven useful for women with a genuine case because it helps in the retrieval of dowry where the husband or in-laws are unwilling to return the goods that came as dowry. If a person fails to comply with the court's direction to transfer a woman's dowry within the specified period, an amount equal to the value of the property may be recovered from him.

Draconian anti-cruelty law: In 1983, Section 498A of the IPC defined a new cognizable offence, namely, 'cruelty by husband or relatives of husband'. This means that once such a complaint is registered by the victim or any of her relatives, the police have no option but to take action. It prescribes imprisonment for a term, which may extend to three years, and also includes a fine. The definition of cruelty is not just confined to causing grave injury, bodily harm, or danger to life, limb or physical health, but also includes harming mental health by harassment and emotional torture through verbal abuse. This law takes particular cognizance of harassment, where it occurs with a view to coercing the wife, or any person related to her, to meet any unlawful demand regarding any property or valuable security, or occurs on account of failure by her, or any person related to her, to meet such a demand.

Punishment for 'dowry death': Women's organizations also pushed to get a new category of crime included on the statute book via an amendment to the Indian Penal Code. This crime - named 'dowry murder' or 'dowry death' is covered by Section 304B. This section states that if the death of a woman is caused by burns or bodily injury, or occurs under abnormal circumstances, within seven years of her marriage and it is shown that just prior to death she was subject to cruelty by her husband or his relatives, in connection with demands for dowry, such a death would be called 'dowry death' and the husband or relative would be deemed to have caused her death. The person held guilty of a 'dowry death' shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Assumption of guilt: By inserting a new section 113B in the Indian Evidence Act, the lawmakers stipulated that in cases that are registered by the police as those of 'dowry death', the court shall presume that the accused is guilty unless he can prove otherwise.

Bail provisions for 'dowry crimes': Under section 304B, in the case of a 'dowry death', where allegations of demand of dowry or non-return of dowry are made, the accused are frequently denied anticipatory, or even regular bail. This is understandable in cases of death because the unnatural demise of a woman is in itself likely evidence that something was seriously wrong in the marriage. But it has also meant that in all cases of a married woman's death, lawyers tend to advise the woman's family that they must build a case of dowry demands even if the murder or suicide was due to other reasons.