RSA No.1952 of 2024 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.1952 of 2024 (O&M)

Date of decision : 27.10.2025

Sub Divisional Officer and another ....Appellants

Versus

Smt. Kamla Devi ...Respondent

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present : Mr. Surinder K. Mahajan, Advocate

for the appellants.

PANKAJ JAIN, J. (ORAL)

Defendants are in second appeal, aggrieved of the judgment and

decree passed by the Courts below.

2. The issue involved in the present regular second appeal relates

to jurisdiction of Civil Court qua disputes between electricity supplier and

the consumer wherein the supplier alleges theft of electricity against

consumer.

3. Counsel for the appellants claims that the issue is covered in

favour of the electricity supplier in terms of ratio of law laid down by

Division Bench of this Court in RSA No.4181 of 2016 titled as ‘Mahesh

Kumar vs. Sub Divisional Officers and another’ decided on 14.05.2025.

RSA No.1952 of 2024 (O&M) 2

4. I have heard counsel for the appellant and have carefully gone

through records of the case and the ratio of law laid down by Division Bench

in Mahesh Kumar’s case (supra).

5. Keeping in view conflicting decisions by different Benches of

this Court, the following question was formulated by the Single Bench to be

adjudicated by the Larger Bench:

“As to whether the bar contained in Section 145 of the Act, on

the jurisdiction of the civil Court, would be restricted only to

proceedings arising from an order passed by the Assessing

Officer under Section 126 and an appellate authority under

Section 127, or, in view of the language contained in Sections

154 and 155, (read with Section 145 of the Act), such bar would

extend to matters falling under Sections 135 to 140 and Section

150 of the Act also?”

6. The Division Bench answered the issue, observing as under:

“42. Now since sub-Sections (5) and (6), as embodied in Section

154 of the Act of 2003, provisions whereof become re-extracted

hereinafter, do confer jurisdiction upon a Special Court also to

determine the civil liability of the errant concerned, whereafter

compensation can also be settled against the errant concerned.

“x x x x

(5) The [Special Court shall] determine the civil

liability against a consumer or a person in terms of money

for theft of energy which shall not be less than an amount

equivalent to two times of the tariff rate applicable for a

period of twelve months preceding the date of detection of

theft of energy or the exact period of theft if determined

RSA No.1952 of 2024 (O&M) 3

whichever is less and the amount of civil liability so

determined shall be recovered as if it were a decree of civil

court.

(6) In case the civil liability so determined finally by the

Special Court is less than the amount deposited by the

consumer or the person, the excess amount so deposited by

the consumer or the person, to the Board or licensee or the

concerned person, as the case may be, shall be refunded by

the Board or licensee or the concerned person, as the case

may be, within a fortnight from the date of communication

of the order of the Special Court together with interest at

the prevailing Reserve Bank of India prime lending rate for

the period from the date of such deposit till the date of

payment.”

43. However, the conferment of the said jurisdiction, naturally

has to be exercised, rather only after a conclusive and binding

verdict of conviction becoming recorded against the errant

concerned, and, not prior thereto. Conspicuously so, if there is a

parallel determination of both civil and criminal liabilities,

therebys if the civil liability is determined prior to the

determination of the apposite criminal liability. As such, therebys

the Special Court while trying an offender qua the ably triable

offences, rather would become presented with a fait accompli.

Moreover, in case there are different sets of evidences for

respectively convicting the errant concerned, and, for encumbering

the errant concerned, with compensation amounts, therebys also

both the criminal trial as well as the determinations of civil

liability(ies) against the errant concerned, rather are required to be

naturally separately working. In other words, they are not required

to be conjointly embarked upon, as therebys there would be

encumbrance of gross hardship, vis-a-vis the errant/consumer

concerned.

RSA No.1952 of 2024 (O&M) 4

44. Therefore this Court is convinced, that only pursuant to a

binding and conclusive verdict of conviction becoming made by

the Special Court, vis-a-vis the errant consumer concerned,

therebys the Special Court in terms of sub-Section (5) of Section

154 of the Act of 2003, shall proceed to determine the

compensation amount to be paid by the consumer concerned, to the

supplier concerned.

45. However, since the Special Court(s) has been declared by

Section 155 of the Act of 2003 to be a Court of Session, besides

when there is also an empowerment vested, thus through the

mandate enclosed in sub-Section (5) of Section 154 of the Act of

2003, in the Special Court, to determine the civil liability, vis-a-vis

the consumer concerned, therebys it would be more appropriate

that a provision becomes engrafted in the Act of 2003, so that,

when the Special Court, thus proceeds to determine the civil

liability of the errant concerned, therebys the determination of the

apposite civil liability, rather than being so determined by the

Court of Session, which exclusively tries an offender, qua the said

civil liability, being determined by the District Judge concerned.

The said anomaly also fortifies the above assigned reason by this

Court, that only post the conclusive determination of criminal

liability by the Special Court, that the civil liability is to be

determined vis-a-vis the errant consumer concerned. Obviously,

an amendment in the said regard is required to be made in the Act

of 2003.

46. Moreover, the non obstante clause, wherebys becomes

ousted the provisions, as embodied in the Cr.P.C., excepting to the

extent of investigations in respect of offences made punishable

under the Act of 2003, thus being conducted by the investigating

officers concerned, who become stationed at the police stations

concerned. However, since now the former Cr.P.C. has been

replaced by Bharatiya Nagarik Suraksha Sanhita (for short

‘BNSS’), therefore, a compatible thereto amendment is required to

RSA No.1952 of 2024 (O&M) 5

be made to sub-Section (1), wherebys there is an introduction

thereins vis-a-vis the apposite provisions of BNSS.

47. All the supra amendments be considered to be most

expeditiously passed by the State Legislature concerned, as

therebys the supra anomalies would become erased.

48. Since the makings of composition(s) of an offence in terms

of Section 152 of the Act of 2003, would also tantamount to

acceptance of the guilt by the errant consumer concerned, therebys

post the making of an order of composition, if the compounding

fee, does not also cover the apposite civil liability, thereupon in

terms of sub-Section (5) of Section 154 of the Act of 2003, thus the

Court concerned may proceed to determine the civil liability

against the errant consumer concerned.

49. The utmost burning issue relates to the fact, that when sub-

Section (5) of Section 154 of the Act of 2003, speaks about

determination of civil liability against the consumer or a person, as

arises from theft of electricity. Moreover when the apposite

explanation, which occurs at the end of Section 154 of the Act of

2003, explanation whereof becomes extracted hereinafter, makes

expressions about the phrase ‘civil liability’, thus obviously

connoting loss or damage incurred by the Boad or licensee or the

concerned person.

“x x x x

Explanation.–For the purposes of this section, “civil

liability” means loss or damage incurred by the Board or

licensee or the concerned person, as the case may be, due

to the commission of an offence referred to in sections 135

to 140 and section 150.”

50. Though prima facie therebys, the phrase ‘concerned person’

may imply, that the conferment of jurisdiction in terms of sub-

Sections (5) and (6) of Section 154 of the Act of 2003, also

encompasses thereins, thus a remedy to the consumer, to post a

RSA No.1952 of 2024 (O&M) 6

conclusive and binding verdict of acquittal becoming rendered in

respect of a charge relating to the offence of theft of electricity, to

thus recourse the remedy as envisaged thereins.

51. However, to the considered and objective contemplation of

this Court, the concerned person, does not cover a consumer of

electricity, nor does it cover the aspect relating to the consumer,

upon the latter becoming clinchingly and provenly acquitted of the

charge relating to theft of electricity, thus nourishing a claim in

terms of sub-Section (5) of Section 154 of the Act of 2003.

52. The reason for stating so generates from the factum, that the

opening sentence of sub-Section (5) of Section 154 of the Act of

2003, speaks about the determination of civil liability by the

Special Court, but against the consumer or a person . Therefore,

if in the explanation, which occurs at the end of Section 154 of the

Act of 2003, there occurs the expression ‘ concerned person ’,

wherebys the apposite determination of civil liability, does prima

facie connote, qua the concerned person, rather may also being

the consumer . Nonetheless, if the intent of the legislature was so,

then under the jurisdiction foisting provision, vis-a-vis the Special

Courts, inasmuch as, in sub-Section (5) of Section 154 of the Act

2003, thus apart from speakings made thereins, that against a

consumer, both the civil and criminal action being ably

contemplated to become initiated, there was but also a requirement

of ‘ concerned person ’ being specifically included thereins. Since

the foisting of jurisdiction upon the Special Court, to determine

civil liability is not only against a consumer, but is also against “a

person”, therebys the intent of the legislation, irrespective of the

explanation carrying the phrase ‘ concerned person ’, wherebys the

apposite germination of civil liability does prima facie takes within

its ambit, thus the consumer of electricity, rather the concerned

person is neither the consumer, nor also any person, which is

expressed in sub-Section (5) of Section 154 of the Act of 2003,

thus becomes the consumer. Contrarily, any person, as expressed

in the supra sub-Section (5), rather is referable either to any

RSA No.1952 of 2024 (O&M) 7

corporate entity, thus private or public. Moreover, concomitantly

therebys, the word ‘ concerned person ’ means the supplier, who

has been endowed permission to supply electricity. Reiteratedly

therebys, the consumer of the electricity is left remediless.

53. The further effect of the above interpretation, is that, there

is no remedy to the accused, to post the making of a binding and

clinching verdict of acquittal, thus by the Special Court concerned,

to thereupon subsequently claim damages for malicious

prosecution. As such, in respect of the claim of malicious

prosecution, a suit in the said regard can be laid before the Civil

Court of competent jurisdiction.

54. Last but not the least, even if this Court has concluded, that

the jurisdiction of the Civil Court is, thus barred through the

occurrence of Section 145 of the Act of 2003, but yet in respect of

the first three segments, which become alluded to hereinabove,

there is yet vestment of jurisdiction qua a Writ Court, to thus

determine the validity of passing of the apposite orders. The

reason for stating so, is that, the jurisdiction of the High Courts to

issue writs of various genres, is a constitutionally invested power,

and, the said power is an insegregable component of judicial

review of administrative actions, or of the quasi judicial actions,

besides is the basic structure of the constitution. As such, the

power of judicial review, a becomes invested in the High Courts,

rather cannot be snatched even through the occurrence of Section

145 in the Act of 2003.”

7. Accordingly, the Division Bench relied upon Section 154 of the

Electricity Act, 2003 (hereinafter referred to as ‘2003 Act’) to hold that the

jurisdiction of the Civil Court is barred as the adjudicatory power vests with

the Special Court constituted under Section 153 of the 2003 Act. It is Special

Court, which would determine the civil liability against the consumer for

RSA No.1952 of 2024 (O&M) 8

theft of energy. The question, however, still remains :

“Whether the bar under Section 154 (5) can be invoked

in the cases where there is no FIR against the theft and

thus the Special Court has not even clutched upon the

jurisdiction vested in it by law?”

8. The other issue that calls for the consideration of this Court is

the observation made by Division Bench in Para No.38 holding that the

provisions relating to investigations and assessment are embodied in Section

126 of the 2003 Act.

9. The scheme of Act of 2003 needs to be understood in its

entirety. Part XII of 2003 Act, deals with ‘investigation and enforcement’.

Part XIV deals with ‘offences and penalties’. Section 126 contained in Part

XII, deals with ‘assessment’ in the case of a person indulging in

unauthorized use of electricity. Section 135 defines ‘theft of electricity’.

Section 126 and Section 135, read as under:

Section 126: (Assessment): --- (1) If on an inspection of any place

or premises or after inspection of the equipments, gadgets,

machines, devices found connected or used, or after inspection of

records maintained by any person, the assessing officer comes to

the conclusion that such person is indulging in unauthorized use of

electricity, he shall provisionally assess to the best of his

judgement the electricity charges payable by such person or by any

other person benefited by such use.

(2) The order of provisional assessment shall be served

RSA No.1952 of 2024 (O&M) 9

upon the person in occupation or possession or in charge of the

place or premises in such manner as may be prescribed.

1[(3) The person, on whom an order has been served under

sub- section (2) shall be entitled to file objections, if any, against

the provisional assessment before the assessing officer, who shall,

after affording a reasonable opportunity of hearing to such person,

pass a final order of assessment within thirty days from the date of

service of such order of provisional assessment of the electricity

charges payable by such person.]

(4) Any person served with the order of provisional

assessment, may, accept such assessment and deposit the assessed

amount with the licensee within seven days of service of such

provisional assessment order upon him:

2[***]

3[(5) If the assessing officer reaches to the conclusion that

unauthorised use of electricity has taken place, the assessment shall

be made for the entire period during which such unauthorized use

of electricity has taken place and if, however, the period during

which such unauthorised use of electricity has taken place cannot

be ascertained, such period shall be limited to a period of twelve

months immediately preceding the date of inspection.]

(6) The assessment under this section shall be made at a rate

equal to 1[twice] the tariff rates applicable for the relevant

category of services specified in sub-section (5).

Explanation.- For the purposes of this section,-

(a) “assessing officer” means an officer of a State

Government or Board or licensee, as the case may

be, designated as such by the State Government;

(b) “unauthorised use of electricity” means the usage of

electricity –

(i) by any artificial means; or

(ii) by a means not authorised by the concerned

person or authority or licensee; or

(iii) through a tampered meter; or

RSA No.1952 of 2024 (O&M) 10

2[(iv) for the purpose other than for which the

usage of electricity was authorised; or

(v) for the premises or areas other than those for

which the supply of electricity was

authorized.”]

Section135. (Theft of Electricity):- 1[(1) Whoever, dishonestly, -

(a) 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 supplier as the case may be; or

(b) 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

(c) 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,

(d) uses electricity through a tampered meter; or

(e) uses electricity for the purpose other than for which

the usage of electricity was authorised,

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 -

(i) does not exceed 10 kilowatt, the fine imposed on

first conviction shall not be less than three times the

RSA No.1952 of 2024 (O&M) 11

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;

(ii) 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 in the event of second and subsequent

conviction of a person where the load abstracted, consumed, or

used or attempted abstraction or attempted consumption or

attempted use exceeds 10 kilowatt, such person shall also be

debarred from getting any supply of electricity for a period which

shall not be less than three months but may extend to two years

and shall also be debarred from getting supply of electricity for

that period from any other source or generating station:

Provided also that if it is proved that any artificial means or

means not authorized by the Board or licensee or supplier, as the

case may be, 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.

(1A) Without prejudice to the provisions of this Act, the

licensee or supplier, as the case may be, may, upon detection of

such theft of electricity, immediately disconnect the supply of

electricity:

Provided that only such officer of the licensee or supplier,

as authorized for the purpose by the Appropriate Commission or

RSA No.1952 of 2024 (O&M) 12

any other officer of the licensee or supplier, as the case may be, of

the rank higher than the rank so authorised shall disconnect the

supply line of electricity:

Provided further that such officer of the licensee or supplier,

as the case may be, shall lodge a complaint in writing relating to

the commission of such offence in police station having

jurisdiction within twenty four hours from the time of such

disconnection:

Provided also that the licensee or supplier, as the case may

be, on deposit or payment of the assessed amount or electricity

charges in accordance with the provisions of this Act, shall,

without prejudice to the obligation to lodge the complaint as

referred to in the second proviso to this clause, restore the supply

line of electricity within forty-eight hours of such deposit or

payment.]

(2) 1[Any officer of the licensee or supplier as the case may

be,] authorized in this behalf by the State Government may --

(a) enter, inspect, break open and search any place or

premises in which he has reason to believe that

electricity 2[has been or is being,] used

unauthorisedly;

(b) search, seize and remove all such devices,

instruments, wires and any other facilitator or article

which has been, or is being, used for unauthorized

use of electricity;

(c) 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.

RSA No.1952 of 2024 (O&M) 13

(3) 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.

(4) 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.

(emphasis supplied)

10. Initially there was a confusion w.r.t. overlapping nature of

provisions contained under Section 126 and Section 135. Quite often the

‘cases of unauthorized use of electricity’ were misconstrued as the ‘cases of

theft of electricity’ and vice versa.

11. The issue was elaborately dealt with and explained by Supreme

Court in the case of ‘The Executive Engineer and another vs. M/s Sri

Seetaram Rice Mill’ (2012) 2 SCC 108, observing as under:

“xxxx xxxx xxxx

15. Upon their plain reading, the mark differences in the

contents of Sections 126 and 135 of the 2003 Act are obvious.

They are distinct and different provisions which operate in

different fields and have no common premise in law. We have

already noticed that Sections 126 and 127 of the 2003 Act read

together constitute a complete code in themselves covering all

RSA No.1952 of 2024 (O&M) 14

relevant considerations for passing of an order of assessment in

cases which do not fall under Section 135 of the 2003 Act. Section

135 of the 2003 Act falls under Part XIV relating to 'offences and

penalties' and title of the Section is 'theft of electricity'. The

Section opens with the words 'whoever, dishonestly' does any or all

of the acts specified under clauses (a) to (e) of Sub-section (1) of

Section 135 of the 2003 Act so as to abstract or consume or use

electricity shall be punishable for imprisonment for a term which

may extend to three years or with fine or with both. Besides

imposition of punishment as specified under these provisions or

the proviso thereto, Sub-section (1A) of Section 135 of the 2003

Act provides that without prejudice to the provisions of the 2003

Act, the licensee or supplier, as the case may be, through officer of

rank authorised in this behalf by the appropriate commission, may

immediately disconnect the supply of electricity and even take

other measures enumerated under Sub-sections (2) to (4) of the

said Section. The fine which may be imposed under Section 135 of

the 2003 Act is directly proportional to the number of convictions

and is also dependent on the extent of load abstracted. In

contradistinction to these provisions, Section 126 of the 2003 Act

would be applicable to the cases where there is no theft of

electricity but the electricity is being consumed in violation of the

terms and conditions of supply leading to malpractices which may

squarely fall within the expression 'unauthorized use of electricity'.

This assessment/proceedings would commence with the inspection

of the premises by an assessing officer and recording of a finding

that such consumer is indulging in an 'authorized use of electricity'.

Then the assessing officer shall provisionally assess, to the best of

his judgment, the electricity charges payable by such consumer, as

well as pass a provisional assessment order in terms of Section

126(2) of the 2003 Act. The officer is also under obligation to

serve a notice in terms of Section 126(3) of the 2003 Act upon any

such consumer requiring him to file his objections, if any, against

the provisional assessment before a final order of assessment is

RSA No.1952 of 2024 (O&M) 15

passed within thirty days from the date of service of such order of

provisional assessment. Thereafter, any person served with the

order of provisional assessment may accept such assessment and

deposit the amount with the licensee within seven days of service

of such provisional assessment order upon him or prefer an appeal

against the resultant final order under Section 127 of the 2003 Act.

The order of assessment under Section 126 and the period for

which such order would be passed has to be in terms of Sub-

sections (5) and (6) of Section 126 of the 2003 Act. The

Explanation to Section 126 is of some significance, which we shall

deal with shortly hereinafter. Section 126 of the 2003 Act falls

under Chapter XII and relates to investigation and enforcement and

empowers the assessing officer to pass an order of assessment.

16. Section 135 of the 2003 Act deals with an offence of theft

of electricity and the penalty that can be imposed for such theft.

This squarely falls within the dimensions of Criminal

Jurisprudence and mens rea is one of the relevant factors for

finding a case of theft. On the contrary, Section 126 of the 2003

Act does not speak of any criminal intendment and is primarily an

action and remedy available under the civil law. It does not have

features or elements which are traceable to the criminal concept of

mens rea.

17. Thus, it would be clear that the expression 'unauthorized

use of electricity' under Section 126 of the 2003 Act deals with

cases of unauthorized use, even in absence of intention. These

cases would certainly be different from cases where there is

dishonest abstraction of electricity by any of the methods enlisted

under Section 135 of the 2003 Act. A clear example would be,

where a consumer has used excessive load as against the installed

load simpliciter and there is violation of the terms and conditions

of supply, then, the case would fall under Section 126 of the 2003

Act. On the other hand, where a consumer, by any of the means

and methods as specified under Sections 135(a) to 135(e) of the

2003 Act, has abstracted energy with dishonest intention and

RSA No.1952 of 2024 (O&M) 16

without authorization, like providing for a direct connection

bypassing the installed meter. Therefore, there is a clear distinction

between the cases that would fall under Section 126 of the 2003

Act on the one hand and Section 135 of the 2003 Act on the other.

There is no commonality between them in law. They operate in

different and distinct fields. The assessing officer has been vested

with the powers to pass provisional and final order of assessment

in cases of unauthorized use of electricity and cases of

consumption of electricity beyond contracted load will squarely

fall under such power. The legislative intention is to cover the

cases of malpractices and unauthorized use of electricity and then

theft which is governed by the provisions of Section 135 of the

2003 Act.

18. Section 135 of the 2003 Act significantly uses the words

'whoever, dishonestly' does any of the listed actions so as to

abstract or consume electricity would be punished in accordance

with the provisions of the 2003 Act. 'Dishonesty' is a state of mind

which has to be shown to exist before a person can be punished

under the provisions of that Section.

19. The word 'dishonest' in normal parlance means 'wanting in

honesty'. A person can be said to have 'dishonest intention' if in

taking the property it is his intention to cause gain, by unlawful

means, of the property to which the person so gaining is not legally

entitled or to cause loss, by wrongful means, of property to which

the person so losing is legally entitled. 'Dishonestly' is an

expression which has been explained by the Courts in terms of

Section 24 of the Indian Penal Code, 1860 as 'whoever does

anything with the intention of causing wrongful gain to one person

or wrongful loss to another person is said to do that thing

dishonestly'. [The Law Lexicon (2nd Edn. 1997) by P. Ramanatha

Aiyar]

20. This Court in the case of Dr. S. Dutt v. State of U.P., [AIR

1966 Supreme Court 523] stated that a person who does anything

with the intention to cause wrongful gain to one person or

RSA No.1952 of 2024 (O&M) 17

wrongful loss to another is said to do that dishonestly.

21. Collins English Dictionary explains the word 'dishonest' as

'not honest or fair; deceiving or fraudulent'. Black's Law

Dictionary (Eighth Edition) explains the expression 'dishonest act'

as a fraudulent act, 'fraudulent act' being a conduct involving bad

faith, dishonesty, a lack of integrity or moral turpitude.

22. All these explanations clearly show that dishonesty is a

state of mind where a person does an act with an intent to deceive

the other, acts fraudulently and with a deceptive mind, to cause

wrongful loss to the other. The act has to be of the type stated

under Sub-sections (1)(a) to (1)(e) of Section 135 of the 2003 Act.

If these acts are committed and that state of mind, mens rea, exists,

the person shall be liable to punishment and payment of penalty as

contemplated under the provisions of the 2003 Act. In

contradistinction to this, the intention is not the foundation for

invoking powers of the competent authority and passing of an

order of assessment under Section 126 of the 2003 Act.

xxxx xxxx xxxx”

12. In the present case, we are only concerned with theft of

electricity i.e., Part XIV of the 2003 Act.

13. From the perusal of Section 135(1A), it is evident that wherever

there is a case of theft of electricity detected by the authorities, they are

within their power to disconnect the supply line of the electricity provided

the concerned officer of the licensee or supplier, has lodged a complaint, in

writing, relating to commission of theft of energy in police station having

jurisdiction within twenty four hours from the time of disconnection of

supply line of electricity. However, in case, the consumer/person deposits

RSA No.1952 of 2024 (O&M) 18

amount assessed in terms of the Act of 2003, the supply shall be restored

within 48 hours of such deposit. However, the said restoration is

without prejudice to the obligation to lodge the complaint. In terms of

Section 145, no injunction can be granted against such disconnection where

the power has been exercised in accordance with law by competent

authority. Theft of energy is a cognizable offence. Statute prescribes

punishment, which may extend to imprisonment for a period of three years

or fine or both.

14. Section 151 provides for ‘cognizance of offences’. Court is

required to take cognizance of an offence punishable under the Act only on a

complaint, in writing, made by the appropriate Government or appropriate

Commission or any of their officer authorized by them or a Chief Electrical

Inspector or an Electrical Inspector or licensee or the generating company.

Court can also take cognizance on the report of a police officer, filed under

Section 173 of the Code of Criminal Procedure, 1973.

15. Section 152 provides for 'compounding of offences'. The

compounding fee has been prescribed in the provision. Section 152(2)

provides that any person, arrested for offence punishable under Section 135,

shall be set at liberty and no proceedings shall be instituted or continued

against such consumer in any criminal court, once he has paid the

compounding fee under Section 152(1). Section 152(3) provides that such

compounding of offence, on acceptance of compounding fee, shall be

RSA No.1952 of 2024 (O&M) 19

deemed to be an acquittal within the meaning of Section 300 of Cr.P.C.,

1973. However, compounding can be claimed only once by the consumer.

Section 153 provides for ‘constitution of Special Courts’. Both in State of

Punjab and State of Haryana, such Special Courts have been notified.

Section 154 provides for ‘procedure and power of Special Court’. The same

reads as under:

Section 154. (Procedure and power of Special Court): --- (1)

Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, every offence punishable under [2sections 135 to

140 and section 150] shall be triable only by the Special Court

within whose jurisdiction such offence has been committed.

(2) Where it appears to any court in the course of any

inquiry or trial that an offence punishable under sections 135 to

139 in respect of any offence that the case is one which is triable

by a Special Court constituted under this Act for the area in which

such case has arisen, it shall transfer such case to such Special

Court, and thereupon such case shall be tried and disposed of by

such Special Court in accordance with the provisions of this Act :

Provided that it shall be lawful for such Special Court to act

on the evidence, if any, recorded by any court in the case of

presence of the accused before the transfer of the case to any

Special Court :

Provided further that if such Special Court is of opinion that

further examination, cross-examination and re-examination of any

of the witnesses whose evidence has already been recorded, is

required in the interest of justice, it may re-summon any such

witness and after such further examination, cross-examination or

re-examination, if any, as it may permit, the witness shall be

discharged.

RSA No.1952 of 2024 (O&M) 20

(3) The Special Court may, notwithstanding anything

contained in subsection (1) of section 260 or section 262 of the

Code of Criminal Procedure, 1973, try the offence referred to in

sections 135 to 139 in a summary way in accordance with the

procedure prescribed in the said Code and the provisions of

sections 263 to 265 of the said Code shall, so far as may be, apply

to such trial :

Provided that where in the course of a summary trial under

this subsection, it appears to the Special Court that the nature of

the case is such that it is undesirable to try such case in summary

way, the Special Court shall recall any witness who may have been

examined and proceed to re-hear the case in the manner provided

by the provisions of the said Code for the trial of such offence:

Provided further that in the case of any conviction in a

summary trial under this section, it shall be lawful for a Special

Court to pass a sentence of imprisonment for a term not exceeding

five years.

(4) A Special Court may, with a view to obtaining the

evidence of any person supposed to have been directly or indirectly

concerned in or privy to, any offence tender pardon to such person

on condition of his making a full and true disclosure of the

circumstances within his knowledge relating to the offence and to

every other person concerned whether as principal or abettor in the

commission thereof, and any pardon so tendered shall, for the

purposes of section 308 of the Code of Criminal Procedure,1973,

be deemed to have been tendered under section 307 thereof.

(5) The [Special Court shall] determine the civil

liability against a consumer or a person in terms of money for theft

of energy which shall not be less than an amount equivalent to two

times of the tariff rate applicable for a period of twelve months

preceding the date of detection of theft of energy or the exact

period of theft if determined whichever is less and the amount of

civil liability so determined shall be recovered as if it were a

decree of civil court.

RSA No.1952 of 2024 (O&M) 21

(6) In case the civil liability so determined finally by the

Special Court is less than the amount deposited by the consumer or

the person, the excess amount so deposited by the consumer or the

person, to the Board or licensee or the concerned person, as the

case may be, shall be refunded by the Board or licensee or the

concerned person, as the case may be, within a fortnight from the

date of communication of the order of the Special Court together

with interest at the prevailing Reserve Bank of India prime lending

rate for the period from the date of such deposit till the date of

payment.

Explanation. - For the purposes of this section, “civil

liability” means loss or damage incurred by the Board or licensee

or the concerned person, as the case may be, due to the

commission of an offence referred to in sections 135 to 139.

16. Section 183 of 2003 Act, provides power with the Central

Government to publish orders to make such provisions which appear to be

necessary for removing difficulty in giving effect to the provisions of 2003

Act, provided they are not inconsistent with the provisions of the Act.

Exercising the said powers, Central Government vide S.O.790(E), dated 8

th

of June, 2005, published the Electricity (Removal of Difficulties) Order,

2005, amending Section 50 of the Electricity Supply Code providing method

of assessment of the electricity charges payable in case of theft of electricity

pending adjudication by the appropriate Government. The removal of

difficulties’ order, reads as under:

THE ELECTRICITY (REMOVAL OF DIFFICULTIES)

ORDER, 2005

RSA No.1952 of 2024 (O&M) 22

Whereas the Electricity Act, 2003 (36 of 2003) (hereinafter referred to

as the Act) came into force on the 10th June, 2003;

And whereas section 50 of the Act provides that the State Commission

shall specify an Electricity Supply Code to provide for recovery of electricity

charges, intervals for billing of electricity charges, disconnection of supply of

electricity for non-payment thereof, restoration of supply of electricity,

tampering, distress or damage to electrical plant, electric lines or meter, entry of

distribution licensee or any person acting on his behalf for disconnecting supply

and removing the meter, entry for replacing, altering or maintaining electric

lines or electrical plant or meter; And whereas the distribution licensees have

expressed difficulties in controlling theft of electricity and in taking appropriate

action in this regard;

And whereas enabling the distribution licensees for taking timely and

appropriate action in cases of theft or diversion of electricity has become

necessary for the development of electricity industry and ensuring supply of

electricity to all areas;

And whereas taking measures conducive to development of electricity

industry and supply of electricity to all areas are objectives, amongst others, of

the Act, as stated in its preamble; And whereas the difficulties have arisen in

giving effect to the provisions of the Act in controlling theft of electricity by the

distribution licensees;

Now, therefore, the Central Government, in exercise of its powers

conferred by section 183 of the Act hereby makes the following order in respect

of electricity supply code in terms of section 50 of the Act, not inconsistent with

the provisions of the Act, to remove the difficulties, namely. –

1. Short title and commencement.- (1) This order may be

called the Electricity (Removal of Difficulties) order, 2005.

(2) It shall come into force on the date of publication in the

Official Gazette.

2. Inclusions of measures to control theft in Electricity

Supply Code. - (1) The Electricity Supply Code as specified by

the State Commission under section 50 of the Act shall also

include the following, namely:-

(i) method of assessment of the electricity charges

payable in case of theft of electricity pending

adjudication by the appropriate court;

RSA No.1952 of 2024 (O&M) 23

(ii) disconnection of supply of electricity and removing

the meter, electric line, electric plant and other

apparatus in case of theft or unauthorized use of

electricity; and

(iii) measures to prevent diversion of electricity, theft or

unauthorized use of electricity or tampering,

distress or damage to electrical plant, electric lines

or meter.

(2) The above provisions in the Electricity Supply Code shall

be without prejudice to other rights of the licensee under the Act or

any other applicable laws to recover the sum due and to protect the

assets and interests of the licensee.

17. Needless to add here that the Electricity Supply Code has a

statutory backing, Section 50 of the 2003 Act, reads as under:

Section 50. (The Electricity Supply Code): The State

Commission shall specify an electricity supply code to provide for

recovery of electricity charges, intervals for billing of electricity

charges, disconnection of supply of electricity for non-payment

thereof, restoration of supply of electricity; measures for

preventing tampering, distress or damage to electrical plant, or

electrical line or meter, entry of distribution licensee or any person

acting on his behalf for disconnecting supply and removing the

meter; entry for replacing, altering or maintaining electric lines or

electrical plants or meter and such other matters.]

18. Evidently, the assessment in case of theft of energy is not

relatable to Section 126 of 2003 Act, but has to be governed by the

Electricity Supply Code. The State Electricity Commissions are required to

to specify such assessments.

RSA No.1952 of 2024 (O&M) 24

19. In exercise of the powers conferred under Section 50 and

Section 181 of the Act of 2003, necessary regulations have been

incorporated by the Haryana Electricity Regulatory Commission as well as

Punjab Electricity Regulatory Commission. Both the Regulatory

Commissions are alive to the obligation casted upon them by Removal of

Difficulties Order, 2005, dated 08.06.2005. Since, we are concerned with the

State of Haryana, the relevant regulations framed by State Regulatory

Commission i.e., the Haryana Electricity Regulatory Commission, 2014,

read as under :

THEFT OF ELECTRICITY AND UNAUTHORIZED USE OF

ELECTRICITY UNDER SECTION 135 AND SECTION 126

OF THE ELECTRICITY ACT, 2003

7 THEFT OF ELECTRICITY UNDER SECTION 135 OF

THE ELECTRICITY ACT, 2003

7.1 Theft of Electricity

7.1.1 A person shall be guilty of an act of theft of electricity if he

dishonestly does an act as defined under Section 135 (1) (a

to e) of the Act.

7.1.2 Theft shall not be limited to physical interference with the

meter found during physical inspection. It shall also include

theft committed by resorting to external methods which in

any way interfere with the accurate registration of energy

consumed.

7.1.3 Provision of Section 135 of the Act has to be used where

the alleged act has been done with dishonest intention. In

such cases recourse shall not be taken to Section 126 of the

Act. It is only in cases where sufficient evidence of

RSA No.1952 of 2024 (O&M) 25

dishonest intention is not available that recourse can be

taken to Section 126. Benefit of doubt can be given only

while applying Section 135 and not while applying Section

126. In a case where the dishonest intention is doubtful, the

matter shall not be closed merely by giving benefit of doubt

but the proceedings shall be converted to Section 126 of the

Act.

7.2 Procedure for booking a case of theft of electricity

7.2.1 The State Govt. shall issue the list of authorized officers of

the licensee or supplier as the case may be, for inspection

of any place or premises, as per Section 135 (2) of the Act.

7.2.2 The licensee or supplier shall display the list of such

authorized officers prominently in all its offices and put on

its website. The photo identity cards shall be issued to such

officers.

7.2.3 The authorized officer, suo-motu or on receipt of reliable

information regarding theft of electricity in a premises shall

promptly conduct inspection of such premises after

obtaining permission from SDO or XEN concerned if he

happens to be below the level of SDO. Provided that no

inspection, search and seizure of any residential premises

shall be carried out between sunset and sunrise except in

the presence of an adult male member occupying such

premises.

7.2.4 The inspection team of the licensee or supplier, headed by

such authorized officer shall carry along with them their

photo identity cards. Photo identity cards should be shown

to the occupant of the place of inspection before entering

the premises. Photo identity card of the authorized officer

shall clearly indicate that he has been nominated as

authorized officer as per provision of Section 135 of the

Act.

RSA No.1952 of 2024 (O&M) 26

7.2.5 While conducting inspection, the authorized officer and his

team shall follow the provisions of sub-sections 2, 3 & 4 of

Section-135 of the Act.

7.2.6 As far as possible, the events of inspection shall be

photographed / video graphed. In cases, where significant

law and order problem is anticipated, the authorized officer

inspecting the premises shall immediately seek assistance

from his senior officer(s) and also call for police help. In

such cases all events shall be recorded through video

camera.

7.2.7 If such entry or inspection reveals nothing to indicate the

commission of or engagement in any act of theft of

electricity by the person / consumer, the authorized officer,

the employees accompanying him and the licensee shall not

be liable for any alleged loss or inconvenience caused to

the person/consumer on account of such entry, inspection

and search.

7.2.8 The inspection of the meter made by the person authorized

for reading the meter or meter reader as the case may be,

including any other employee of the licensee for the

purpose of recording of meter reading for consumption,

shall not be deemed to be the inspection of the installation

of the consumer for the purpose of Section 135 of the Act.

The meter reader, however, shall be responsible for

immediately reporting any suspicion of theft of electricity

to the SDO concerned.

7.2.9 The authorized officer shall prepare a report giving details

such as connected load, condition of meter seals, working

of meter and mention any irregularity noticed (such as

tampered meter, current reversing transformer, loop

connection or any other device or method which interferes

RSA No.1952 of 2024 (O&M) 27

with accurate or proper registration, calibration or metering

of electric current or otherwise results in a manner whereby

electricity is stolen or wasted) on the prescribed format.

The event would invariably be photographed or video-

graphed with cameras having facility for recording date and

time of event.

7.2.10 The report shall clearly indicate whether sufficient evidence

substantiating the theft of electricity was found or not. The

details of such evidence should be recorded in the report.

7.2.11 The report shall be signed by the authorized officer and

each member of the inspection team and the same must be

handed over to the consumer or his representative at site

immediately under proper receipt. In case of refusal by the

consumer or his authorized representative to either accept

or give a receipt, a copy of the inspection report must be

pasted at a conspicuous place outside the premises and

photographed. Simultaneously, the report shall be sent to

the consumer under registered post/ speed Post on the same

day or the next day of the inspection.

7.2.12 Upon detection of theft of electricity, the authorized officer

shall seize all material evidence including devices,

instruments, wires and any other facilitator or article which

has been or being used for unauthorized use of electricity,

from the premises. All such evidence shall be packed and

sealed with verification from the witness present during

such seizure.

Provided that if in the process of seizure of the material

evidence, supply to the consumer gets disconnected, it shall

not be construed as disconnection of supply under Section

135 (1 A) of the Act.

7.2.13 The occupant of the place of search or any person on his

behalf shall be allowed to remain present during the search

RSA No.1952 of 2024 (O&M) 28

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. If he refuses to sign, the authorized

officer shall record such refusal on the list and paste a copy

of the list at a conspicuous place outside the premises.

7.2.14 It shall be the duty of the licensee to ensure that the meters,

terminal covers of the meters and protection boxes where

provided shall be duly secured with a seal of the licensee.

The existing licensee shall certify within a period of six

months from the notification of these Regulations in the

official gazette of Haryana that all such seals have been put

in place. Thereafter, in cases where the meter is installed

inside the consumer premises or at the entry point, within

in a period of next two months, any consumer may report

that his meter or terminal cover or protection box wherever

provided has not been sealed. On such report, the licensee

shall verify the claim and if found true will promptly take

steps to put the seals and will also initiate action against the

employee who failed to put the seals in the given period of

six months. After a period of eight months from the date of

notification of these Regulations, it shall be presumed that

all the meters, terminal covers of the meters and protection

boxes wherever provided have been sealed

Thereafter:

(1) Where the meters are installed inside the premises or at

the entry point:

(a) If any of the seals is found broken during any

inspection and the licensee finds on the basis of

abnormality in consumption pattern with reference

to the sanctioned load or otherwise that the seal

would have been broken with an intent to commit

RSA No.1952 of 2024 (O&M) 29

theft of electricity, it shall be presumed that the seal

was broken by or on behalf of the consumer.

(b) If the meter or any part of it including glass is found

tampered but not with the intent of opening it or

broken, the conclusion of theft shall not be drawn

unless it is corroborated by consumption pattern of

consumer and such other evidence as may be

available.

(2) Where the meters are installed outside the premises:

No case for dishonest abstraction or theft of electricity shall

be framed only on account of seal(s) on the meter and/or

meter cubicle found missing or tampered with or fake or

breakage of glass window or existence of hole in meter,

loose glass, cut in the incoming PVC Cable or any other act,

unless corroborated by consumption pattern of consumer,

reliable tamper information and such other evidence which

may establish that theft of energy was being actually

committed.

7.2.15 In case on inspection of the premises sufficient evidence is

found to establish that any artificial means or means not

authorized by the licensee or supplier, as the case may be,

exist for the abstraction, consumption or use of electricity

by the consumer, it shall be presumed, until the contrary is

proved, that abstraction, consumption or use of electricity

has been dishonestly caused by such consumer.

7.2.16 Whether the seizure under Regulation 7.2.12 results in

disconnection of supply to the consumer or not, the licensee

or supplier, as the case may be, upon detection of such theft

of electricity, immediately disconnect the supply from a

point further away from the connection point as per Section

135 sub-clause (1A) of the Act to ensure that the consumer

does not reconnect the supply and further theft does not

RSA No.1952 of 2024 (O&M) 30

take place. Provided that the supply shall be disconnected

under the order of an officer of the rank higher than the

rank of authorized officer who carried out the inspection

and such officer shall not be below the rank of SDO.

7.2.17 Such officer of the licensee or supplier, as the case may be,

not below the rank of SDO, shall lodge a complaint in

writing relating to the commission of such offence in police

station having jurisdiction in the area within 24 hours from

the time of such disconnect.

7.3 Assessment of energy consumption

7.3.1 Notwithstanding the criminal action taken under Section

135 of the Act for theft of electricity, the assessing officer

of the licensee or supplier, as the case may be, as defined

under Section 126 of the Act, but not below the rank of

SDO, shall assess the energy consumption as per the

assessment formula given in Annexure – II to these

Regulations.

7.3.2 In case of a regular metered connection, where a case of

theft of electricity is detected, units recorded in the meter

for the period for which the assessment is made and for

which bills have been raised by the licensee, shall be

accounted for while working out the net assessment of theft

of electricity.

7.3.3 After assessing the energy consumption as per the

assessment formula given in Annexure – II to these

Regulations, the licensee shall prepare a final assessment

bill on two times of the tariff applicable and serve upon the

consumer notices containing the following information.

(a) The details relating to the inspection carried out by

the authorized officer including the dates and

RSA No.1952 of 2024 (O&M) 31

timings, list of material seized and any other

relevant fact

(b) Detail of the energy consumption assessed on

account of theft of electricity, the period for which

assessment has been made and the amount to be

deposited by the consumer / person (amount

calculated as per the assessment formula given in

Annexure – II to these Regulations).

7.4 Reconnection

The licensee or supplier, as the case may be, on payment of

the assessed amount in accordance with the provisions of

the Act read with these Regulations, shall without prejudice

to the obligation to lodge the complaint as referred to under

Regulation 7.2.17 above, restore the supply of electricity

within forty-eight hours of such payment. Provided that the

supply to a person who is not a consumer of the licensee

shall not be restored and the payment of amount of

assessment made by him shall not entitle such person to be

a consumer of the licensee on such payment.

7.5 Default in payment of assessed amount

In case of default in payment of the assessed amount, the

licensee shall, after giving a 15 day’s notice in writing, file

a case against the consumer in the designated Special Court

as per the provisions of Section 135 of the Act. If, however,

the consumer comes forward to pay the assessed amount

along with interest, which shall be at the rate of 16% per

annum compounded every six months, he shall be allowed

to deposit the amount and interest without prejudice to other

actions taken under Section 135 of the Act.

7.6 Compounding of offence

RSA No.1952 of 2024 (O&M) 32

7.6.1 In case it is a first offence under Section 135 of the Act,

then the person may request the officer authorized by the

State Government under Section 152 of the Act, for

compounding of offence in the prescribed format. The

authorized officer shall hear the person and the assessing

officer or his authorized representative and thereafter, after

orders from such authorized officer, the amount for

compounding of offence shall be deposited by the person

with the State in the same manner as prescribed for

depositing the fines imposed by the courts. The charges for

compounding of the offence shall be as mentioned under

Section 152 of the Act or as specified by the State

Government.

7.6.2 A person can also deposit the amount of compounding even

after an FIR/complaint has been lodged against him for the

first offence, after getting approval from the authorized

officer under Section 152 of the Act. In such eventuality, the

authorized officer (under section 152) should accept the

amount of compounding and intimate the same to the

concerned police station and court regarding compounding

of offence under Section-152 of the Act.

7.6.3 On payment of the sum of money in accordance with

Regulations 7.6.1 & 7.6.2, any person in custody in

connection with that offence shall be set at liberty and no

proceedings shall be instituted or continued against such

consumer or person in any criminal court.

7.6.4 The acceptance of the sum of money for compounding of

offence in accordance with Regulations 7.6.1 & 7.6.2 by the

Appropriate Government or an officer empowered in this

behalf shall be deemed an acquittal within the meaning of

section 300 of the Code of Criminal Procedure, 1973 (2 of

1974).

RSA No.1952 of 2024 (O&M) 33

7.7 Special Court

Procedure and power of Special Court – The Special Court

setup under Section 153 of the Act, shall have the powers as

specified under Sections 154 and 155 of the Act.

7.8 Suspected Theft

7.8.1 On inspection of a premises, in case theft of electricity is

not clearly established and it seems to be a case of

suspected theft only, in that case the authorized officer shall

remove the old meter under a seizure memo and seal it in

the presence of the consumer or his authorized

representative. The authorized officer and the consumer

shall sign on the seals borne on the meter and meter box.

The licensee or supplier shall continue the supply to the

consumer simultaneously with a new meter. The old meter

shall be tested in the presence of the consumer and the

authorized officer at the licensee’s testing lab which shall

give a test report in writing, which along with photographs /

video graphs shall constitute evidence thereof. Based upon

this test report, the authorized officer shall prepare a report

and record therein the reasons of suspected theft, if any.

Provided that if consumer insists, the testing of the meter

shall be carried out at a third party facility approved by the

licensee / Commission.

7.8.2 The authorized officer shall handover his report to the

consumer or his representative immediately under proper

receipt. In case of refusal by the consumer or his authorized

representative to either accept or give a receipt, a copy of

the inspection report shall be pasted at a conspicuous place

outside the premises and photographed. Simultaneously, the

report shall be sent to the consumer under registered

post/speed post on the same day or the next day of the issue

RSA No.1952 of 2024 (O&M) 34

of report. Provided that in case of suspected theft, the meter

is found to be accurate within the prescribed limits and in

proper working order after testing, no further proceedings

shall be taken and the decision shall be communicated to

the consumer under proper receipt within three days and the

original meter shall be restored.

7.8.3 After detailed examination of the evidence and the

consumption pattern of the consumer, if the licensee or

supplier is convinced that a prima-facie case is made out

against the consumer for dishonest abstraction,

consumption or use of electricity, then the licensee or

supplier shall proceed against the consumer as per provision

under Regulations 7.2.16 to 7.6.4.

7.9 Voluntary declaration of tampered meters / seals

In case a consumer comes forward and voluntarily declares

that his meter and / or seals are tampered: (1) If the licensee

finds with reference to the abnormality in consumption

pattern and the sanctioned load or otherwise that the meter

and/or seals were tampered with malafide intent, then the

licensee shall raise the assessment bill at two times the

normal tariff for the period of last two months in case of

domestic supply and for the period of last six months in

case of other categories, reckoned from the date of

declaration.

In case of AP connections, the assessment bill shall be

raised at two times the AP tariff determined by the

Commission without subtracting the subsidy component for

the period of last two months, reckoned from the date of

declaration.

The tampered meter/seals shall be replaced with new

meter/seals at the consumer’s cost immediately.

RSA No.1952 of 2024 (O&M) 35

Thereafter the licensee shall not raise any other issue

including action under Sections 126 & 135 of the Act.

(2) The energy bill, for the period the meter is not replaced,

shall be sent as per the procedure for defective meters.

20. Likewise Chapter VIII has been incorporated in the Punjab

Supply Code, 2014. Chapter VIII in the Supply Code, 2014 deals with

unauthorized use of electricity and theft of electricity in State of Punjab.

21. In view of the discussion held hereinabove and the scheme of

the Act of 2003, it is held as under:

(i) Once theft of electricity is discovered by the authorities,

they are empowered to disconnect the supply of

electricity. Under Section 145 of 2003 Act, no Civil

Court shall have jurisdiction to entertain an application

seeking injunction on such act by an officer/authority

empowered under 2003 Act to disconnect the electricity.

(ii) Within 24 hours of such disconnection, competent officer

is obligated to lodge complaint, in writing, relating to

commission of theft of electricity in police station having

jurisdiction.

(iii) In case, the consumer pays the assessed amount of

electricity charges, the electricity will be restored within

48 hours of such deposit. However, it needs to be

RSA No.1952 of 2024 (O&M) 36

noticed herein that such assessment and corresponding

deposit, is without prejudice to the obligation to lodge the

complaint in writing.

(iv) The Court can take cognizance of an offence under

Section 135 of the Act upon a complaint, in writing,

made by competent officer/authority or upon report of a

police officer filed under Section 173 of Cr.P.C.

(v) Offences prescribed under Sections 135 to 140 or Section

150, are cognizable and non-bailable offences.

(vi) Once the police takes cognizance of the offence

punishable under Sections 135 to 140 and Section 150,

the first time offender can claim compounding of

offence, as prescribed under Section 152. If the payment

is made, a person in custody in connection with the

offence, has to be set at liberty and no proceedings be

instituted or continued against him in any criminal Court.

(vii) Acceptance of such payment, shall amount to acquittal

within the meaning of Section 300 of Cr.P.C., 1973.

(viii) States may notify in the official gazette Special Courts to

try offences punishable under Sections 135 to 140 and

Section 150 with the object of providing speedy trial. In

terms of Section 153 Constitution of Special Courts

RSA No.1952 of 2024 (O&M) 37

under the 2003 Act, is for purpose of trying offence

referred to in Sections 135 to 140 and Section 150.

Determination of civil liability being incidental and

dependant upon criminal liability of offender, Special

Court has no power to grant injunction on disconnection

of supply of electricity under Section 135 of the Act or

jurisdiction to enterain such plea.

(ix) Any offence punishable under Sections 135 to 140 and

Section 150, is triable only by the Special Court having

jurisdiction over the area where the offence has been

committed.

(x) The offence has to be tried by Special Court as a

summary trial in accordance with the procedure

prescribed under Code of Criminal Procedure, 1973.

(xi) The Special Court has to determine the Civil liability

against the consumer or a person in terms of money qua

theft of energy. The same shall not be less than an

amount equivalent to two times of the tariff rate,

applicable for a period of twelve months preceding the

date of detection of theft or the exact period of theft, if

determined, whichever is less.

RSA No.1952 of 2024 (O&M) 38

(xii) The amount of the civil liability, so determined, is to be

enforced like a Civil Court decree.

(xiii) The civil liability determined by the Special Court needs

to be adjusted/set off against the amount deposited by the

consumer subsequent to registration of case.

22. In view of above, this Court finds that the Division Bench

having relied upon powers conferred by Section 154 to hold that the

jurisdiction of Civil Court, is barred in the case of theft of energy, the ratio

can be relied upon by the supplier only in the cases wherein compliance has

been made to the provisions of Section 135. Which means that only when a

complaint has been lodged by the competent officer/authority regarding theft

of energy and the Special Court has taken cognizance of the offence

pursuant to filing of such complaint or filing of police report as per Section

151 of 2003 Act, the jurisdiction can be said to be barred invoking Section

154 of the Act of 2003.

23. In the absence of there being any complaint filed before the

Special Court or FIR registered by the police authorities, the allegations of

theft of energy, cannot assume the status of offence. In all those cases,

where there is no FIR registered by the police authorities and/or complaint

filed by the competent authorities before the Special Courts, the consumer is

well within his right to approach the Civil Court alleging violation of the law

RSA No.1952 of 2024 (O&M) 39

and procedure prescribed therein. Reliance can be placed upon ratio of law

laid down by Five Judges Bench of Supreme Court in the case of Dhulabhai

etc. vs. State of M.P. and anr, 1969 AIR (Supreme Court) 78 wherein the

Supreme Court observed as under:

“32. xxxxx. The result of this inquiry into the diverse views

expressed in this Court may be stated as follows :-

(1) Where the statute gives a finality to the orders of the

special tribunals the civil court's jurisdiction must be

held to be excluded if there is adequate remedy to do

what the civil courts would normally do in a suit. Such

provision, however, does not exclude those cases where

the provisions of the particular Act have not been

complied with or the statutory tribunal has not acted in

conformity with the fundamental principles of judicial

procedure.

(2) Where there is an express bar of the jurisdiction of

the court, an examination of the scheme of the

particular Act to find the adequacy or the sufficiency of

the remedies provided may be relevant but is not

decisive to sustain the jurisdiction of the civil court.

Where there is no express exclusion the examination of the

remedies and the scheme of the particular Act to find out

the intendment becomes necessary and the result of the

inquiry may be decisive. In the latter case it is necessary to

see if the statute creates a special right or a liability and

provides for the determination of the right or liability and

further lays down that all questions about the said right and

liability shall be determined by the tribunals so constituted,

RSA No.1952 of 2024 (O&M) 40

and whether remedies normally associated with actions in

civil courts are prescribed by the said statute or not.

(3) Challenge to the provisions of the particular Act as ultra

vires cannot be brought before Tribunals constituted under

that Act. Even the High Court cannot go into that question

on a revision or reference from the decision of the

Tribunals.

(4) When a provision is already declared unconstitutional or

the constitutionality of any provision is to be challenged, a

suit is open. A writ of certiorari may include a direction for

refund if the claim is clearly within the time prescribed by

the Limitation Act but it is not a compulsory remedy to

replace a suit.

(5) Where the particular Act contains no machinery for

refund of tax collected in excess of constitutional limits or

illegally collected a suit lies.

(6) Questions of the correctness of the assessment apart

from its constitutionality are for the decision of the

authorities and a civil suit does not lie if the orders of the

authorities are declared to be final or there is an express

prohibition in the particular Act. In either case the scheme

of the particular Act must be examined because it is a

relevant enquiry.

(7) An exclusion of the jurisdiction of the civil court is not

readily to be inferred unless the conditions above set down

apply.”

24. It also needs to be noticed herein that the ‘assessed amount’ as

contemplated under 3

rd

proviso appended to Section 135(1A) is not relatable

RSA No.1952 of 2024 (O&M) 41

to assessment provided under Section 126 of the 2003 Act. The same rather

refers to the amount assessed as per procedure prescribed by State

Commissions in the Electricity Supply Code under Section 50 of the 2003

Act pursuant to the Electricity (Removal of Difficulties) Order, 2005, dated

08.06.2005.

25. Applying the aforesaid parameters to the present case, this

Court finds that it is case where there is neither any FIR registered qua

offence punishable under Section 135 nor any complaint preferred before the

Special Court notified under Section 153, the jurisdiction of Civil Court,

cannot be held to be barred invoking Section 154 of 2003 Act.

26. No other point has been argued.

27. Finding no merits in the present appeal, the same is ordered to

be dismissed.

28. Pending application, if any, shall also stand disposed off.

October 27, 2025 (Pankaj Jain)

Dpr Judge

Whether speaking/reasoned : Yes

Whether reportable : Yes