Substitution of section 4.
"4. Penalty for h a ~ ~ s s m e n t of woman.-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 ten thousand rupees.".
?. After section 4 of the principal Act, the following sections shall be inserted, namely :- Insertion of new sections 4-A, 4-9 and 4-C.
"4-A. Harrrssnlent death. --( 1 ) Where the death of a woman is caused by bodily injury or occurs otherwise than under normal circun~stances and if it is shown that soon before her death, she was subjected to harassnlerlt 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 ) Notwithstanciing anything contained in section 4, whoever commits harassment death and if the act by which the death is caused,-- ( i ) is done with the intentio~iofcausingdeathorofca~rsingsrrcll bodily injury as is likely to cause death, shall be pimished with iaiprisonn~ent of either description for a tern1 which nny extend to inp~isonnrnt Tor l i ti and with fit!e which slull twt be less tlun fitb t l i o ~ ~ ~ l d nqxes ;
( i i ) is done with knowledge that it is likely to cause death but without any intention to cause death or such bodily ill-jury as is likely t o cause dcatli, shall be punished wit11 1niprisonlnr1lt ofc.it)~er descriplio~~ for a tern1 \vliich 111ay cxtrnd to tcn years and with fine wliicll ,Ii;il! 11ot he less ~lian l i l i y tliousantl riipces ;
252 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY -- -
(iii) is rash or negligent, shall be punished with imprisonment of eitliel description for a term which h a y extend to ten years and with fine which shall not be less than twenty-five thousand rupees.
4-8. Harassmentsuicidr.-.-.( I ) If any woman commits su~cide ant 11 is shown that soon before her death, she was subjected to lurassment by any person or that in respect of h;r an offence under section 294,354 or 509 of the lndian 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 wi h 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.
4-C, Presur~iption a.s to harussmlrtrt deatl~ and r~brtnrent of hurassrnent suicide.- When the question is whether any person had caused harassment death or abetted harassment suigide of a woman, the court shall, unless the contrary is proved. presume ;hat 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.
Amendment 8. In section 5 of the principal Act, in sub-section ( I ) , for the expression "eve-teasing" in two ofsection5. places where it occurs, the expression "harassment of woman" shall be substituted.
Amendment 9, In section 6 of the principal Act, for sub-section (I), the following sub-section shall be 0 f ~ ~ 6 . substituted, namely :- "(1) The crew of a public service vehicle or vessel shall take such steps as they may deem fit to prevent harassnient 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.".
Amendment of sation 7.
Insertion of new scction 1 7-A.
I