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Section 135 of electricity act, 2003 is bailable or non bailable ?
17-Jul-2024 (In Criminal Law)
Is Section 135 of the Electricity Act, 2003 bailable or non-bailable, and is it compoundable or not?
Section 135 (theft of electricity) is a non-bailable, cognizable offence by virtue of Section 151B of the Electricity Act, 2003; however theft of electricity is compoundable under Section 152 of the Act on payment of the prescribed compounding amount (payment leads to release and is deemed an acquittal). [https://www.indiacode.nic.in/bitstream/123456789/2058/1/a2003-36.pdf] [https://indiankanoon.org/doc/175137590/] Case law applying these provisions includes K. Dominic v. Assistant Executive Engineer (Madras High Court) (recognizing compounding under s.152) and Abdulla Muhammad v. KSEB (Kerala High Court) (directing acceptance of compounding fee and closure of prosecution). [https://www.casemine.com/judgement/in/689e5532f0042347da886300] [https://www.casemine.com/judgement/in/6755f4445ab395614e17b4fb] For procedural context note the Bharatiya Nagarik Suraksha Sanhita (BNSS) governs criminal procedure as notified by the Government. [https://www.mha.gov.in/sites/default/files/2024-04/250884_2_english_01042024.pdf]
Section 135 of the Electricity Act, 2003 deals with the theft of electricity and is classified as a non-bailable offence. This means that if someone is accused under this section for acts like tapping wires, tampering with meters, or using electricity illegally they cannot be released on bail by the police. Instead, they must be produced before a magistrate, who will then decide whether to grant bail.
The section also outlines strict penalties, including imprisonment, hefty fines, and disconnection of the electricity supply. It is intended to deter misuse and ensure accountability in electricity consumption.
- Non-Bailable: As per Section 151B of the Electricity Act, 2003, an offence punishable under Section 135 of the Electricity Act, 2003 is cognizable and non-bailable.
- Compoundable: Under Section 152 of the Electricity Act, 2003, the offence can be compounded by the appropriate government or an authorized officer upon payment of a prescribed sum of money.
The compounding charges vary as follows:
- Industrial Service: Rs 20,000 per KW/HP/KVA
- Commercial Service: Rs 10,000 per KW/HP/KVA
- Agricultural Service: Rs 2,000 per KW/HP/KVA
- Other Services: Rs 4,000 per KW/HP/KVA
This provision applies notwithstanding anything contained in the Code of Criminal Procedure, 1973 (CrPC).
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