The Dowry Prohibition Act, 1961

Section 8. Offences to be cognizable for certain purposes and to be bailable non-compoundable

In force · As amended up to 2026-08

6[ 8. Offences to be cognizable for certain purposes and to be bailable non-compoundable. —(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences— and (a) for the purposes of investigation of such offences; and (b) for the purposes of matters other than— - (i) matters referred to in section 42 of that Code; and (ii) the arrest of a person without a warrant or without an order of a Magistrate. (2) Every offence under this Act shall be[7] [non-bailable] and non-compoundable.] 8 — [ 8A. Burden of proof in certain cases. Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him.] 1. Ins. by Act 63 of 1984, s. 5 (w.e.f. 2-10-1985). 2. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19-11-1986). 3. Subs. by s. 5, ibid., for "her heirs" (w.e.f. 19-11-1986). 4. Subs. by Act 63 of 1984, s. 6, for section 7 (w.e.f. 2-10-1985). 5. Ins. by Act 43 of 1986, s. 6 (w.e.f. 19-11-1986). 6. Subs. by Act 63 of 1984, s. 7, for section 8 (w.e.f. 2-10-1985). 7. Subs. by Act 43 of 1986, s. 7, for "bailable" (w.e.f. 19-11-1986). 8. Ins. by s. 8, ibid. (w.e.f. 19-11-1986).

Source: India Code

How this section changed

  1. substituted by Act 63 of 1984, s. 7

    In force from 2 Oct 1985

    Footnote: 6. Subs. by Act 63 of 1984, s. 7, for section 8 (w.e.f. 2-10-1985).

  2. substituted by Act 43 of 1986, s. 7

    In force from 19 Nov 1986

    Earlier wording: “bailable”

    Footnote: 7. Subs. by Act 43 of 1986, s. 7, for "bailable" (w.e.f. 19-11-1986).