S 136 of indian electricity act 2003
Naziya
(Querist) 22 June 2012
This query is : Resolved
it is offence under s 136 theft of direct electricity
SAINATH DEVALLA
(Expert) 22 June 2012
Section 135 theft of electricity and 136 theft of electric lines and materials.oth counts is a criminal offence.You are aware of the sections and ther penalities.
Theft of Electricity.
135.
Whoever, dishonestly, --
taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee; or
tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or
damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both: Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use -
does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity; 2 of 1974
exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: Provided further that if it is proved that any artificial means or means not authorized by the Board or licensee exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.
Any officer authorized in this behalf by the State Government may - -
enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been, is being, or is likely to be, used unauthorisedly;
search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, is being, or is likely to be, used for unauthorized use of electricity;
examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.
The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list: Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. 2 of 1974
The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.
Theft of electric lines and materials.
136.
Whoever, dishonestly --
cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain; or
stores, possesses or otherwise keeps in his premises, custody or control, any electric line, material or meter without the consent of the owner, whether or not the act is committed for profit or gain; or
loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner, whether or not the act is done for profit or gain,done for profit or gain, is said to have committed an offence of theft of electric lines and materials, and shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
If a person, having been convicted of an offence punishable under sub-section (1) is again guilty of an offence punishable under that subsection, he shall be punishable for the second or subsequent offence for a term of imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine which shall not be less than ten thousand rupees.
Naziya
(Querist) 22 June 2012
what are defences if aacused is only workng in premise but no concern with theft of electricity
Sankaranarayanan
(Expert) 22 June 2012
The owner of the premises is A1. Hope so repeated query
Shonee Kapoor
(Expert) 22 June 2012
repeated query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 23 June 2012
S 136 of iea act Report Abuse
Category : Criminal Law | This query is : open
author : Naziya
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Posted about 18 hours ago
resp sir I was working at my boss whose premise was raided by vigilance officer and lodged fIR under 136 IEA against me and my boss. how am i liable for penalty levied by officers if i m working as temporary worker and i m not owner of premise tell me solution discharge from trial
Expert : Thangapandian
Posted about 17 hours ago
IEA act mean? just state your full facts..
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author : Naziya
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Posted about 17 hours ago
Indain electricity act 2003
Expert : sankar narayanan
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Posted about 16 hours ago
What inspeection made and what notice they served. Is any mis use of power consupmtion. What self declaration mmade by ur boss. What is the nature of buiness. Are u available while the raid been conducted
Expert : Thangapandian
Posted about 16 hours ago
if there is any misuse of electric consumption mean the incharge of the office and owner both are liable..
more over owners can escape some easily..
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Expert : Thangapandian
Posted about 15 hours ago
and with in my knowledge there is no such act as "indian electricity act". that is "the electricity act-2003"
and section 136 deals about punishment for "Theft of electric lines and materials".
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author : Naziya
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Posted about 12 hours ago
thanks sir but if owner is misusing the consumption of electricity without knowledge of his employee then what concern with his mis use if employee is on salary basis nad is concern with the materials of business only and how could owner may escape easily if mis use or said offence occured in his premise
Expert : Thangapandian
Posted about 12 hours ago
its can be decided in trial only sir.. nothing can say in the initial stage.. even the employee also liable to charge..
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Expert : Shonee Kapoor
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Posted about 10 hours ago
Agreed with Tom.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Expert : Thangapandian
Posted 2 minutes ago
thank you shonee sir..
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Expert : Thangapandian
Posted less than a minute ago
thank you shonee sir..
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M/s. Y-not legal services
(Expert) 23 June 2012
you may follow a single thread..
what is law, that only you can get as your answer.
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