The Tamil Nadu Prohibition of Eve-Teasing Act, 1998

(1) This Act may be called the Tamil Nadu Prohibition of Harassment of Woman Act, 1998. (2) It shall be deemed to have come into force on the 30th day of July 1998.

(a) "harassment" means any indecent conduct or act by a man which causes or is likely to cause intimidation, fear, shame or embarrassment, including abusing or causing hurt or nuisance or assault or use of force. (b) "public service vehicle" means a public service vehicle as defined in clause (35) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988). (c) words and expressions used and not defined in this Act shall have the meanings assigned to them in the Indian Penal Code, 1860 (Central Act XLV of 1860).

Harassment of woman at any place is prohibited.

Whoever commits or participates in or abets harassment of woman in or within the precincts of any educational institution, temple or other place of worship, bus stop, road, railway station, cinema theatre, park, beach, place of festival, public service vehicle or vessel or any other place shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than Rs. 10,000.

(1) Where the death of a woman is caused by bodily injury or occurs otherwise than under normal circumstances and if it is shown that soon before her death, she was subjected to harassment or that in respect of her an offence under section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of 1860) was committed, such death shall be called harassment death. (2) Notwithstanding anything contained in section 4, whoever commits harassment death and if the act by which the death is caused,-- (i) is done with the intention of causing death or of causing such bodily injury as is likely to cause death, 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 Rs. 50,000; (ii) is done with knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death, 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 Rs. 50,000; (iii) is rash or negligent, 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 Rs. 25,000.

(1) If any woman commits suicide and it is shown that soon before her death, she was subjected to harassment by any person or that in respect of her an offence under section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of 1860) was committed, such suicide shall be called the harassment suicide and such person shall be deemed to have abetted the suicide. (2) Notwithstanding anything contained in section 4, whoever abets harassment suicide 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 Rs. 50,000.

When the question is whether any person had caused harassment death or abetted harassment suicide of a woman, the court shall, unless the contrary is proved, presume that such person had caused the harassment death or abetted the harassment suicide, as the case may be, when it is shown that before her death, such woman had been subjected to harassment or, in respect of her an offence was committed under section 294, 354 or 509 of Indian Penal Code (Central Act XLV of 1860) and bodily injury was caused in furtherance of such harassment or commission of the said offence by or at the instance of that person and it resulted in death or suicide, as the case may be, of that woman.

(1) The crew of a public service vehicle or vessel shall take such steps as they may deem fit to prevent harassment of woman in the vehicle or vessel. Where such harassment is committed in public service vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police.

(1) Where any vehicle or vessel is used in the commission of any offence punishable under section 4, 4-A or 4-B, the driver of such vehicle or vessel shall, unless the contrary is proved, be deemed to have abetted the offence under section 4, 4-A or 4-B, as the case may be, and shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than Rs. 5,000; (2) The owner of a public service vehicle shall also be liable to be punished for the offence committed by the crew of the vehicle or vessel unless he proves that he had no knowledge of such offence or that he had exercised all due diligence to prevent the commission of such offence.

The court may, when awarding a sentence under section 4, 4-A or 4-B, order the accused to pay, by way of compensation, such amount as may be specified in the order, to the person who has suffered any loss or injury or disability or mental agony by reason of the act for which the accused person has been so sentenced or to her legal heir.

(1) The Government may make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule, or the Assembly decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Tamil Nadu Prohibition of Eve-teasing Ordinance, 1998, is hereby repealed. Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.