ASST.ENGINEER OF KSEB LTD NOT AUTHORIZE TO ISSUE PENAL TO CONSUMER UNDER SECTION 126 AND 135
Indian Electricity Act, 1910 Section 39 and 44 - Indian Penal code 1860, section 379 - Electricity theft- 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.
Electricity Act 2003, section 126 and 135 - Difference - unauthorized user of Section 126 vis-a-vis Section 135 - Difference stated.
Electricity Act 2003 Section 152 - Compounding of offence - Section 152 of the Act also provides the disability clause by virtue of Sub-section (4) thereof , thus,leaving no discretion upon the authority in the matter except as provided therein - If in the case application for compounding is made the authority in the matter except as provided therein - If in a case application for compounding is made the authority have no option but to accept the same upon payment of fee as specified therein which would result in acquittal - Authority has no discretion to refuse the request for compounding fees made in accordance with the provision of Section 152 of the Act.
Electricity Act 2003 Section 126, 135 and 154 (as amended by 2007 Amendment Act) - Liability of a person in default either by way of unauthorized use of electricity or by way of theft of electricity is to be determined only by the statutory authorities or the Assessing Officer under section 126 of the Act and/or section 154 by the Special Court - Any ipse dixit calculation or averment made in the F.I.R has no legal sanctity at all - When the legislature has prescribed a mode for performance of an act then the act can only be performed in the manner prescribed and all other modes are impliedly
Electricity Act 2003, Section 126,152 and 154 (as amended by 2007 Amendment Act). Compounding of offence Deposit of arrears and penalty, as assessed under section 126 of the Act does not amount to acquittal by virtue of compounding as contemplated under section 152 of the Act.
Compounding application has to be separately made with the deposit of compounding fee as stipulated under section 152 of the Act and only upon payment thereof the offence can be said to be compounded resulting in acquittal and not otherwise.
Indian Electricity Act, 1910 Section 39 and 44 - Indian Penal code 1860, section 379 - Electricity theft- 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.
Electricity Act 2003, section 126 and 135 - Difference - unauthorized user of Section 126 vis-a-vis Section 135 - Difference stated.
Electricity Act 2003 Section 152 - Compounding of offence - Section 152 of the Act also provides the disability clause by virtue of Sub-section (4) thereof , thus,leaving no discretion upon the authority in the matter except as provided therein - If in the case application for compounding is made the authority in the matter except as provided therein - If in a case application for compounding is made the authority have no option but to accept the same upon payment of fee as specified therein which would result in acquittal - Authority has no discretion to refuse the request for compounding fees made in accordance with the provision of Section 152 of the Act.
Electricity Act 2003 Section 126, 135 and 154 (as amended by 2007 Amendment Act) - Liability of a person in default either by way of unauthorized use of electricity or by way of theft of electricity is to be determined only by the statutory authorities or the Assessing Officer under section 126 of the Act and/or section 154 by the Special Court - Any ipse dixit calculation or averment made in the F.I.R has no legal sanctity at all - When the legislature has prescribed a mode for performance of an act then the act can only be performed in the manner prescribed and all other modes are impliedly
Electricity Act 2003, Section 126,152 and 154 (as amended by 2007 Amendment Act). Compounding of offence Deposit of arrears and penalty, as assessed under section 126 of the Act does not amount to acquittal by virtue of compounding as contemplated under section 152 of the Act.
Compounding application has to be separately made with the deposit of compounding fee as stipulated under section 152 of the Act and only upon payment thereof the offence can be said to be compounded resulting in acquittal and not otherwise.
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