electricity act
jitu
(Querist) 21 May 2009
This query is : Resolved
in sec. 135 of the electricity act power to file complaint is given, but in what circumstances criminal complaint can be filled? can it filled against regular custmer without resorting sec. 126 ? can it be compounded even without filling crimimal complaint by taking some charges ? plz suggest some latest decesion
A. A. JOSE
(Expert) 22 May 2009
Dear Mr.Jitu,
Filing of FIR has since been made mandatory in the case of detection of theft of electricity. As per the provisions susbstituted in section 135 of the Electricity Act 2003 w.e.f.15th June 2007, within 24 hours from the disconnection of power supply on detection of power theft, filing of FIR has been made mandatory. These provisions are applicable uniformly to consumers as well as non-consumers and no special treatment is provided to the consumers. Provisions stipulated in section 126 of Act is for entirely different purpose, viz. unauthorised use of electricity. Therefore, in case of theft of electricity, provisions of section 126 are not required to be followed. Compounding of offence of theft of electricity is allowed for only once for which criminal complaint is, it is felt, required, but in the normal practice Electricity Companies are found not strictly following this in every case, perhaps to benefit the consumers, i.e. by avoiding criminal proceedings if they are willing to make payment of requisite compounding charges alongwith theft bill.
