Amendment status not verified — confirm the current text below against the official source.
The proviso inserted by s. 5, ibid. (w.e.f. 19-11-1986). 4 (b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.] 1[(3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) 2[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, 3[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, 3[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, 3[her heirs, parents or children].] (4) Nothing contained in this section shall affect the provisions of section 3 or section 4. 4[7. 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.] 5[(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.] 6[8. Offences to be cognizable for certain purposes and to be bailable and 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— (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.]