ELECTRICITY THEFT SECTION 379 OF THE INDIAN PENAL CODE
Electricity being not considered to be a movable property, there cannot be theft thereof within the meaning of Section 379 IPC. It is a theft as statutorily defined under Section 39/44 of the Electricity Act, 1910 and Section 379 IPC is referred only for the purposes of punishment that is to be awarded. It is not a substantive offence punishable under section 379 of the IPC.
In view of the above circumstance of no penal bill can be served to consumer on account of theft of electricity under section 135 of Electricity Act 2003 by KSEB.
Authority: Order of Patna High Court (D.B) Criminal Miscellaneous No 5244 of 2008 dated 29-02-2012.
Electricity being not considered to be a movable property, there cannot be theft thereof within the meaning of Section 379 IPC. It is a theft as statutorily defined under Section 39/44 of the Electricity Act, 1910 and Section 379 IPC is referred only for the purposes of punishment that is to be awarded. It is not a substantive offence punishable under section 379 of the IPC.
In view of the above circumstance of no penal bill can be served to consumer on account of theft of electricity under section 135 of Electricity Act 2003 by KSEB.
Authority: Order of Patna High Court (D.B) Criminal Miscellaneous No 5244 of 2008 dated 29-02-2012.
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