IV-2—Ex. (33)

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2025

[Price: Rs. 2.40 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 33]

CHENNAI, WEDNESDAY JANUARY 22, 2025

Thai 9, Kurothi, Thiruvalluvar Aandu-2056

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[17]

CONTENTS

Pages.

ACTS:

No.4 of 2025.—The Tamil Nadu Borstal Schools (Repeal) Act, 2025.

No.5 of 2025.—The Tamil Nadu Prohibition of Harassment of Woman (Amendment)

Act, 2025. ..

.. .. ..

19-21

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 21st January 2025

and is hereby published for general information:—

ACT No. 4 OF 2025.

An Act to repeal the Tamil Nadu Borstal Schools Act, 1925.

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:—

Short title.

This Act may be called the Tamil Nadu Borstal Schools

(Repeal) Act, 2025.

Repeal of

Tamil Nadu

Act V of 1926.

The Tamil Nadu Borstal Schools Act, 1925 is hereby

repealed.

Tamil Nadu Act V

of 1926.

(By Order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 21st January 2025 and

is hereby published for general information:—

ACT No. 5 OF 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. (1) This Act may be called the Tamil Nadu Prohibition of

Harassment of Woman (Amendment) Act, 2025.

Short title and

commencement.

(2) It shall come into force on such date as the Government

may, by notification, appoint.

Tamil Nadu Act 44

of 1998.

2. 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.

Amendment of

section 2.

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.

Amendment of

section 4.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 4-A.

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 person’s 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;

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.

Amendment of

section 4-B.

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.

Amendment of

section 4-C.

6. 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

7. 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.

Amendment of

section 5.

8. 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.

Amendment of

section 6.

9. 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.

Amendment of

section 7.

10. After section 7-A of the principal Act, the following sections

shall 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.

Insertion of

sections 7-B

and 7-C.

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.”.

(By Order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

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ON BEHALF OF THE GOVERNMENT OF TAMIL NADU