[5
OF 2025] [21st
January 2025] An Act further to amend the
Tamil Nadu Prohibition of Harassment of Woman Act, 1998. Be it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Seventy-fifth Year of
the Republic of India as follows: - (1)
This Act may be called the Tamil Nadu
Prohibition of Harassment of Woman (Amendment) Act, 2025. (2)
It shall come into force on such date as the
Government may, by notification, appoint. In section 2 of the Tamil
Nadu Prohibition of Harassment of Woman Act, 1998 (hereinafter referred to as
the principal Act), - (1)
for clause (a), the following clause shall be
substituted, namely: - "(a)
"harassment" means any indecent conduct, act or behaviour by a man,
whether physical, verbal, non-verbal, digital, electronic or any other means,
which causes or is likely to cause intimidation, fear, shame or embarrassment
including threat or abusing or causing hurt or nuisance or assault or use of
force;"; (2)
in clause (c), for the expression
"Indian Penal Code, 1860 (Central Act XLV of 1860)", the expression
"Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) and the Bharatiya
Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023)" shall be
substituted. In section 4 of the
principal Act, for the expression "shall be punished with imprisonment for
a term which may extend to three years and with fine which shall not be less
than ten thousand rupees", the expression "shall be punished on first
conviction with imprisonment for a term which may extend to five years and with
fine which shall not be less than one lakh rupees and be punished on a second
or subsequent conviction, with imprisonment for a term which shall not be less
than five years but which may extend to ten years and with fine which shall not
be less than ten lakh rupees" shall be substituted. In section 4-A of the
principal Act,- (1)
in sub-section (1), for the expression
"section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of
1860)", the expression "section 74, 75, 76, 77, 78, 79 or section 296
of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall be substituted; (2)
in sub-section (2),- (a)
in clause (i), for the expression "shall
be punished with imprisonment of either description for a term which may extend
to imprisonment for life and with fine which shall not be less than fifty
thousand rupees", the expression "shall be punished with imprisonment
for life which shall mean imprisonment for the remainder of that persons
natural life and shall also be liable for fine which shall not be less than two
lakh rupees or with death" shall be substituted; (b)
in clause (ii), for the expression
"shall be punished with imprisonment of either description for a term
which may extend to ten years and with fine which shall not be less than fifty
thousand rupees", the expression "shall be punished with imprisonment
of either description for a term which may extend to fifteen years and with
fine which shall not be less than two lakh rupees" shall be substituted; (c)
in clause (iii), for the expression
"shall be punished with imprisonment of either description for a term
which may extend to ten years and with fine which shall not be less than
twenty-five thousand rupees", the expression "shall be punished with
imprisonment of either description for a term which may extend to fifteen years
and with fine which shall not be less than one lakh rupees" shall be
substituted. In section 4-B of the
principal Act,- (1)
in sub-section (1), for the expression
"section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of
1860)" , the expression "section 74, 75, 76, 77, 78, 79 or section
296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall
be substituted; (2)
in sub-section (2), for the expression
"shall be punished with imprisonment of either description for a term
which may extend to ten years and with fine which shall not be less than fifty
thousand rupees", the expression "shall be punished with imprisonment
of either description for a term which may extend to fifteen years and with
fine which shall not be less than two lakh rupees" shall be substituted. In section 4-C of the
principal Act, for the expression "section 294, 354 or 509 of the Indian
Penal Code (Central Act XLV of 1860)", the expression "section 74, 75,
76, 77, 78, 79 or section 296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act
45 of 2023)" shall be substituted. In section 5 of the
principal Act,- (1)
for sub-section (1), the following
sub-section shall be substituted, namely:- "(1)
Any person who is in-charge of
educational institution, hostel, temple or other places of worship, cinema
theatre, hotel, restaurant, hospital, any home or hostel for care and
protection of women and children by whatever name called, mall or any other
precinct shall,- (a)
take steps including installation of
Closed-Circuit Television Cameras, lights and such other measures as may be prescribed
to prevent harassment of woman within the precinct; (b)
on a complaint made by an aggrieved person,
give information to the police about the harassment of woman within twenty-four
hours of the occurrence of the incident."; (2)
in sub-section (2), for the expression
"two thousand rupees", the expression "fifty thousand
rupees" shall be substituted. In section 6 of the
principal Act, in sub-section (2), for the expression "one thousand
rupees", the expression "twenty-five thousand rupees" shall be
substituted. In section 7 of the
principal Act, in sub-section (1), for the expression "five thousand
rupees", the expression "seventy-five thousand rupees" shall be
substituted. After section 7-A of the
principal Act, the following sectionsshall be inserted, namely:- "7-B.
Offences to be cognizable and non-bailable.- The offences punishable
under sections 4, 4-A, 4-B and 7-C of this Act shall be cognizable and
non-bailable. 7-C.
Protection Order.- (1)
The Executive Magistrate, may, on an
application made by the aggrieved person or otherwise, after obtaining the
report of the Investigation Officer concerned and after giving the accused an
opportunity of being heard and on being prima facie satisfied that an offence
punishable under section 4 of this Act or an offence punishable under section
74, 75, 76, 77, 78, 79 or section 296 of the Bharatiya Nyaya Sanhita, 2023
(Central Act 45 of 2023), has been committed, pass a Protection Order
prohibiting the accused from attempting to communicate with the aggrieved person
in any form, whatsoever, including personal or oral or written or electronic or
telephonic contact or through third parties. (2)
A breach of Protection Order by the accused
shall be an offence under this Act and shall be punishable with imprisonment of
either description for a term which may extend to three years and with fine
which may extend to one lakh rupees.".The
Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2025
PREAMBLE