You have clearly explained the technical differences between Electricity Theft and Unauthorized Use of Electricity under Sections 135 and 126 of the Act, respectively. To add to this understanding, the Seetharam Rice Mill case by the Apex Court stated that Section 126 of the Act provides a comprehensive process for assessment, determination, and demand, with the purpose of imposing an implied restriction on unauthorized consumption. Section 126 aims to safeguard against the misuse of powers by unscrupulous elements and is designed to address situations not specifically covered under Section 135. The provisions of Section 126 are self-explanatory and are intended for cases where there is no theft of electricity but where electricity is consumed in violation of the supply terms and conditions, leading to malpractices that fall under 'unauthorized use of electricity'. Section 135, on the other hand, deals with the offence of electricity theft and falls within the scope of criminal law, where mens rea (criminal intent) is a relevant factor. Conversely, Section 126 does not pertain to criminal intent and lacks elements related to the criminal concept of mens rea. It deals with unauthorized use of electricity even in the absence of intent. Hence, the competent authority can invoke its powers and pass an order of assessment under Section 126 without considering intention. Section 126 also outlines penalties for unauthorized use of electricity, including fines and imprisonment, to provide safeguards against the misuse of powers by unscrupulous elements. These provisions cover situations other than those specifically addressed by Section 135.
A very nicely explained technical aspects of difference between the Electricity Theft Vs. Un-Authorized use of Electricity (Sec 135 Vs Sec 126) , now we can clearly understand the meaning of the two terms bifurcatelty, - i would like to add a case law of Seetharam Rice Mill's case the Apex Court has stated that, Section 126 of the Act, which embodies a complete process for assessment, determination and demand has a purpose to achieve, i.e., to put an implied restriction on such unauthorised consumption. The purpose of Section 126 of the Act 2003 is to provide safeguards to check the misuse of powers by unscrupulous elements. The provisions of Section 126 of the Act 2003 are self-explanatory. They are intended to cover situations, other than, the situations specifically covered under Section 135 of the Act 2003. of electricity. 1) The provisions of Section 126 of the Act are selfexplanatory, which are intended to cover situations other than the situations specifically covered under Section 135 of the Act; which would be applicable to 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 ‘unauthorised use of electricity’. Section 135 of the Act deals with an offence of theft of electricity, which 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 Act does not speak of any criminal intendment, which does not have features or elements which are traceable to the criminal concept ofmens rea. Thus, the expression ‘unauthorised use of electricity’ under Section 126 of the Act deals with cases of unauthorised use, even in absence of intention. As such, intention is not the foundation for invoking powers of the competent authority and passing of an order of assessment under Section 126 of the Act. Section 126 of the Act 2003 states that unauthorized use of electricity can result in penalties, including fines and imprisonment. * The purpose of Section 126 of the Act 2003 is to provide safeguards to check the misuse of powers by unscrupulous elements. The provisions of Section 126 of the Act 2003 are self-explanatory. They are intended to cover situations, other than, the situations specifically covered under Section 135 of the Act 2003.
The discussion on the unauthorized use of electricity and the penalties under Sections 126 and 127 of the Electricity Act 2003. Sir clarified what constitutes unauthorized use and provided five examples: tampering with the meter to slow it down or avoid recording actual consumption, using a domestic connection for commercial or industrial purposes, supplying electricity to a neighbor or another building from your own connection, consuming more electricity than your connection is approved for, and bypassing the meter entirely. Sir also explained the process that follows if someone is caught using electricity unauthorizedly, including receiving a notice from the electricity department, filing a representation, and appealing the decision.
Sir talked about unauthorized use of electricity and the penalty according to Section 126 and 127 of the Electricity Act 2003. Sir also explained what unauthorized use of electricity is and gives five examples of it. He also explains the process of what happens if someone is caught using electricity unauthorizedly. Like Tampering the meter to slow it down or to avoid recording the actual electricity consumption, Using a domestic connection for commercial or industrial purposes, Providing connection to a neighbour or another building from your own house, Using more electricity than what your connection is approved for, Bypassing the meter altogether. Sir also talked about the process that follows if someone is caught using electricity unauthorizedly. This includes receiving a notice from the electricity department, filing a representation, and appealing the decision.
Nicely explained the topic sir but I would like to present Several measures can be taken to prevent unauthorized use of electricity: 1. Regular Inspections: Electricity distribution companies should conduct regular inspections to identify and address unauthorized connections or meter tampering. 2. Public Awareness Campaigns: Educating consumers about the consequences of unauthorized use of electricity and the importance of energy conservation can help deter such practices. 3. Advanced Metering Infrastructure (AMI): Implementing AMI with smart meters can enable real-time monitoring of electricity consumption and detect anomalies that may indicate unauthorized use. 4. Strict Enforcement of Regulations: Stringent enforcement of regulations and penalties can deter potential offenders and protect the interests of legitimate electricity consumers.
In 2024, the issue of unauthorized electricity use and the responsibilities of electricity department officers, emphasizing the importance of understanding what constitutes unauthorized usage, as seen in sectors 126 and 127. They highlight the necessity of distinguishing between authorized and unauthorized use to avoid theft charges. The billing process involves provisional and final assessments, and significant penalties can result from unauthorized activities. Proper procedures must be followed to ensure accurate billing and avoid penalties. It also discusses the appeal process for assessment orders and stresses the importance of responding carefully to notices from the electricity department to prevent legal and financial consequences. The focus is on understanding regulations, adhering to procedures, and responding appropriately to avoid penalties and ensure compliance.
Sir, You have outlined in detail how the electricity industry distinguished between theft and unauthorized use, citing Section 135 of the Act for theft and Section 126 for unauthorized use. The Seetharam Rice Mill case made it clear that, although Section 135 addresses criminal intent, Section 126 addresses unauthorized use in general. The purpose of Section 126 is to prevent the abuse of authority by outlining a procedure for evaluation and sanctions. Action is not required to have criminal intent. Section 126 stipulates that there are fines and jail time as penalties. Protection against malpractices not covered by Section 135 is provided by this section. Understanding of these distinctions was cemented by the Apex Court's interpretation in the Seetharam Rice Mill case, which emphasized how crucial compliance with regulations is to prevent negative legal and financial outcomes.
I would also like to add a case brief for the viewers greater understanding, the name of the case is Plasto Precessors vs Gujarat Electricity Board , (2005) 2 GLR 993 which are as follows: 1. The petitioner, Plasto Precessors, was a consumer of electricity supplied by the respondent, Gujarat Electricity Board (GEB). 2. In 2002, the GEB conducted an inspection of the petitioner's premises and found that the petitioner had tampered with its electricity meter. 3. The GEB issued a show-cause notice to the petitioner, alleging that the petitioner had consumed unauthorized electricity and demanding payment of a penalty. 4. The petitioner denied the allegations of tampering with the meter and filed a petition before the High Court of Gujarat challenging the GEB's notice. 5. The High Court held that the petitioner was guilty of unauthorized consumption of electricity and ordered the petitioner to pay the penalty demanded by the GEB.
U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad [(2013) 8 SCC 491] QUORUM: Justice G.S. Singhvi and Justice S.J. Mukhopadhyay Ratio Decidendi: 2:0 The Supreme Court ruled in favour of the U.P. Power Corporation Ltd. The court held that Consumer Forums lack jurisdiction in cases involving unauthorized electricity use as defined under the Electricity Act, 2003. The court reasoned that "unauthorized use of electricity" doesn't fall under the purview of "unfair trade practice," "restrictive trade practice," "deficiency in service," or "hazardous services" as defined by the Consumer Protection Act. The court clarified that Section 126 of the Electricity Act, 2003 governs the procedure for assessing charges in such cases. This decision established that disputes concerning electricity theft fall outside the jurisdiction of Consumer Forums and should be addressed following the provisions of the Electricity Act.
Unauthorized use of electricity in USA In the United States, unauthorized use of electricity is generally addressed through various laws and regulations at both the federal and state levels. Here are some key aspects to consider: 1) Federal Law: The Federal Energy Regulatory Commission (FERC) oversees the interstate transmission of electricity and regulates wholesale electricity markets. While federal law does not specifically address unauthorized use of electricity, there are federal statutes related to electricity theft and fraud that may apply in certain circumstances. These laws are generally enforced by federal agencies such as the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ). Here are a couple of federal laws that can potentially be relevant: a) Title 18, United States Code, Section 1343 (Wire Fraud): This federal law makes it a crime to use wire, radio, or television communication to defraud or obtain money or property by false pretenses. If unauthorized use of electricity involves fraudulent conduct using electronic communications, this statute could be applied. b) Title 18, United States Code, Section 2314 (Transportation of Stolen Goods, Securities, Moneys, or Fraudulent State Tax Stamps): This law addresses the interstate transportation of stolen property or money obtained through fraud, including the proceeds of wire fraud. If unauthorized use of electricity involves the movement of stolen or fraudulently obtained funds across state lines, this statute may be applicable 2) State Laws: Each state has its own laws and regulations regarding the unauthorized use of electricity. These laws typically address theft, meter tampering, and unauthorized connections. Violations may be considered misdemeanors or felonies, depending on the extent of the offense and the value of the stolen electricity. State laws also outline the penalties, which may include fines, imprisonment, or both. Various aspect of this are:- State laws in the United States govern the unauthorized use of electricity, including meter tampering, electricity theft, and related offenses. The specific laws can vary from state to state, so it's important to consult the statutes and regulations in your particular jurisdiction. Here are some general aspects that state laws may address: a) Criminal Offense: Unauthorized use of electricity is typically considered a criminal offense under state law. The specific charges and classifications may vary, ranging from misdemeanors to felonies, depending on the severity of the act and the amount of electricity involved. State laws define the elements of the offense and outline the associated penalties, which can include fines, probation, community service, or imprisonment. b) Utility Regulations: State utility regulatory agencies often have authority over electricity providers and may establish rules and regulations governing the provision of electricity. These regulations may address issues related to metering, meter tampering, and unauthorized use. Violations of these regulations may result in administrative penalties, such as fines or utility service disconnection. c) Theft of Services: State laws related to theft of services may be applicable to unauthorized use of electricity cases. These laws typically cover the unauthorized use of utilities, including electricity, without payment or proper authorization. Penalties for theft of services offenses can vary depending on the state and the value of the services stolen. d) Civil Liability: In addition to criminal charges, individuals engaged in unauthorized use of electricity may face civil liability. Utility companies have the right to seek restitution for the stolen electricity and any damages caused by meter tampering or unauthorized connections. Civil remedies can include monetary damages, recovery of the stolen electricity's value, and reimbursement for costs incurred by the utility company. 3) Utility Regulations: Electric utility companies are regulated by state public utility commissions (PUCs) or similar agencies. These commissions establish rules and regulations that govern the proper use of electricity, metering, and billing. Unauthorized use of electricity is generally prohibited, and the utility companies have the authority to investigate and take action against individuals or businesses engaged in such activities. Penalties may include disconnection of service, fines, or legal action.
If one of the consumer unauthorzely extended the load from another consumer's meter without the notice of owner of the meter then in under which rule it will treated as theft and who will determine that it is a theft in nature. plase reply immediately that in my case Cgrf has replied that regional authority is not responsible for the same.
Appellate Authority constituted under Section 127 of the Electricity Act 2003. If have know the address of your local Appellate Authority, please do share in the comment box.
Sir, I have a confused what is the meaning of commercial and what types of electricity use are said to be commercial use. A teacher teaches some students in his home taking domestic connection using bulb fan and AC. Is it said to be commercial use ?
Priyanka Thats an excellent question. As per Consumer Protection Act 2019 self employed persons like taking home Tuition are not doing commercial activity. However for Electricity matters State Electricity Regulatory Commission in every state can define what is commercial and what is not. My sense is Home 🏠 Tuition should not be commercial activity. However if you form a company and then do billing in the name of the company then SERC may include this in commercial category. If anyone has any inputs as to what is the definition in your state please comment and share.
I received against section 126 demand of 24 months with double penalty charges I tell officer that you can't give me 24 months demand, but he can't listen me and my real commercial use is only 4 months. I clearly give him all proofs, but he can't listen, Then what can I do????
Madhav You can file objections in writing ✍️. Further You can file Appeal to Appellate Authority under section 127, but you have to deposits 50 percent of the amount to Discom before filing appeal
Section 126 of the Electricity Act 2003 states that unauthorized use of electricity can result in penalties, including fines and imprisonment. Section 127 outlines penalties for tampering with electrical installations, which can include fines and imprisonment as well.
Two things need to be clarified here. Firstly, the appellate authority need not necessary be a judicial or retd engineer. The appellate authority may be an in house officer of the discom and is an employee, but a level higher than the assessing officer. Moreover, the act doesn't stipulate about placing the matter in the hands of rank outsider of the discom. Secondly, though civil court has been barred under the act , nothing precludes the consumer from invoking the constitutional remedies. Otherwise, the clause has been well explained. You should have clubbed the civil liability of the thieft along with the unauthorized usage. Because in many cases the discom choses not to initiate proceeding of criminal action under sec 135 of the Act and would do well with only civil liability so as to recover the loss incurred by it. This position of assessing and appellate authority nomination differs from state to state and discom to discom in some cases. It all depends on the terms and conditions of supply or regulation notified by respective discom or regulator of the respective state as the case may be. Input by Mr Nagaraj N. This may be useful for Subscribers.
Sir mujhe provisional assessment of 39000 was given to me without any signature and notice . The electricity deptt. Take away pvc wire and meter. But my monthly bill is now coming regularly. And I paid the bills too. Now my connection is in running status . I request to reconnect my power but the engineers rejected my request . Now another bill has come for this month . No FIR is registered against me . I have already submitted complaint to the electricity consumer's grievance portal . Next what can I do ?
All seven remedies available to consumer mentioned in this video. Hope this is useful to you. Seven Legal Remedies for enforcing Electricity Consumers Rights ruclips.net/video/WhDCI6ZwTro/видео.html
The position in Bhutan is as followed- Under Section 69 of the Electricity Act of Bhutan 2001- 1. addition, alteration or extension of electrical installation in the customer's premises without permission of the Licensee or extension to any premises other than one for which supply was contracted for is an offence. 2. use of electricity for the purpose other than that for which supply is contracted for is an offence. 3. damaging any meter or other instrument used on or in connection with any licensed installation for recording the output or consumption of energy is an offence.
Dear sir, Theft done by the person staying in my building from the passing line from my meter line . After i had received high electricity bill i had file a verbal complaint in mseb office. next day officers visited the that person but they had hide all the things they had found their and forced me to pay the high bill. i had approached to the cgrf but cgrf has not giving a judgement by my side. can i contact to explain the case i need your help urgently.
Sri Lanka In Sri Lanka, the provisions that deal with unauthorized use of electricity are primarily covered under the Electricity Act No. 20 of 2009. Section 49 provides that if someone uses or takes electricity that is being transmitted or distributed by an authorized electricity provider, without having a contract with that provider, it is considered an offense under the law. If convicted, the person may face a fine of at least Rs. 10,000 and up to Rs. 50,000. Additionally, the person may be required to pay a fine equal to the value of the loss or damage caused to the electricity provider as a result of their actions. The fine collected will be given to the electricity provider upon their request to the court. If someone assists or encourages another person in committing this offense, they will also be considered guilty and face the same punishment as the main offender. If multiple people are convicted of the same offense, the value of the loss or damage may be divided among them, and each person will be fined accordingly. In the absence of evidence to the contrary, a certificate provided by the electricity provider will be considered proof of the value of the loss or damage caused. If there is no prior agreement, the electricity provider has the right to charge the consumer according to the method of charging specified in their license. Additionally, section 50 states that if a person who is not authorized by the electricity provider connects or disconnects an electric line, meter, or other equipment used for supplying electricity, or if they lay or connect electric lines, equipment, or works without the consent of the electricity provider for the purpose of establishing a connection, it is considered an offense under the law.If convicted, the person may face a fine of at least Rs. 10,000 and up to Rs. 50,000. Additionally, they may be required to pay a fine equal to the value of the loss or damage caused to the electricity provider as a result of their actions. The fine collected will be given to the electricity provider upon their request to the court. Additionally, anyone who assists or encourages the commission of this offense will also be considered guilty and face the same punishment as the main offender. If multiple people are convicted of the same offense, the value of the loss or damage may be divided among them, and each person will be fined accordingly. In the absence of evidence to the contrary, a certificate issued by the electricity provider will be considered proof of the value of the loss or damage caused. If there is no prior agreement, the electricity provider has the right to charge the consumer for the energy supplied according to the method specified in their license. If the offense continues after conviction, an additional fine of up to Rs. 500 per day may be imposed for each day the offense is committed. An offense under this section is considered a serious offense, which means it can be investigated without a warrant and is not eligible for bail, as per the Code of Criminal Procedure Act, No.15 of 1979. USA In the United States, the unauthorized use of electricity is primarily addressed at the state level rather than under a federal law. Each state has its own set of regulations and statutes governing the unauthorized use of electricity, including penalties and enforcement measures. The specific provisions that deal with the unauthorized use of electricity can vary from state to state. These provisions are typically included in the state's electrical utility regulations or energy codes. They may cover offenses such as tampering with electric meters, bypassing meters, or making illegal connections to the electrical supply system. Here are examples of provisions related to unauthorized use of electricity in five prominent states in the United States: California: Under Section 498 of the California Penal Code, it is a misdemeanour to unlawfully obtain or use electricity without authorization or without paying for the service. This includes tampering with meters, making unauthorized connections, or diverting electricity. New York: In New York, under Section 165 of the New York Penal Law, unauthorized use of utilities, including electricity, is addressed. It is a misdemeanour offense to tamper with or make unauthorized connections to utility services, such as meters, in order to avoid payment or obtain unauthorized services. Texas: In Texas, unauthorized use of electricity is covered under Section 35.04 of the Texas Penal Code. This provision makes it a misdemeanour offense to tamper with or bypass meters, or use electricity services without authorization with the intent to avoid payment or obtain unauthorized services. Florida: In Florida, the unauthorized use of electricity is addressed under Section 812.14 of the Florida Statutes. This provision makes it a third-degree felony to divert, use, or obtain electric energy without authorization with the intent to deprive the utility company of payment. Illinois: In Illinois, unauthorized use of electricity is covered under Section 720 ILCS 5/16-119 of the Illinois Compiled Statutes. This provision makes it a Class 4 felony to knowingly use or obtain electricity without authorization, tamper with meters, or make unauthorized connections with the intent to avoid payment or obtain unauthorized services. The procedure for addressing unauthorized use of electricity in the USA can vary depending on the jurisdiction and the specific utility provider involved. However, here is a general outline of the steps that may be followed if an assessing officer receives information about unauthorized use: Investigation: The assessing officer will typically initiate an investigation into the reported unauthorized use. This may involve gathering evidence, conducting site visits, and interviewing relevant parties. Notification: If evidence of unauthorized use is found, the assessing officer may notify the utility provider responsible for the supply of electricity. The utility provider will then take appropriate action based on their internal procedures and the applicable laws and regulations. Meter Inspection/Verification: The utility provider may conduct a meter inspection to assess the accuracy of the meter readings and determine if tampering or unauthorized connections have occurred. This helps establish the extent of the unauthorized use. Calculation of Losses: The utility provider will calculate the losses incurred due to the unauthorized use of electricity, considering factors such as the duration and extent of the unauthorized usage. Assessment and Billing: Based on the calculation of losses, the utility provider will typically issue a bill to the responsible party for the unauthorized usage. The bill will reflect the value of the stolen electricity or the cost of the losses incurred. Resolution and Legal Action: The responsible party will have the opportunity to dispute the charges or negotiate a settlement with the utility provider. If an agreement cannot be reached, the utility provider may pursue legal action to recover the losses through civil remedies or, in some cases, involve law enforcement for criminal prosecution.
The position of Australia is as followed- The governing Act is South Australia Electricity Act , 1996. Section 85 deals with it and the term used in Australia is Unlawful taking of electricity. • A person must not without proper authority abstract or divert electricity from a power system; or interfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity. Maximum penalty: $20 000 or imprisonment for 2 years. • A person must not install or maintain a line capable of conveying an electricity supply beyond the boundaries of property occupied by the person unless- The person is an electricity entity; or The person does so with the approval of an electricity entity responsible for electricity supply to the property, or with the approval of the Technical Regulator; or The line is authorised under the regulations. Maximum penalty: $10 000.
Thank you for that information Tanya. Can you also mention the provisions related to unauthorised use of electricity in the different electricity acts of each state in Australia respectively?
Unauthorized Use of Electricity in Nepal The Electricity Act, 2049 (1992) of Nepal, as amended, provides provisions related to the unauthorized use of electricity and its legal consequences. Here are some key provisions of the Electricity Act regarding unauthorized use of electricity in Nepal: Section 25: Prohibition of Unauthorized Use: Section 25 of the Electricity Act explicitly prohibits unauthorized use of electricity. It states that no person shall make any unauthorized connection to an electricity supply system, tamper with meters or other equipment, or use electricity without lawful authority. Section 32: Offenses and Penalties: Section 32 of the Electricity Act outlines the offenses and penalties related to unauthorized use of electricity. It states that any person found guilty of unauthorized use, tampering, or other offenses shall be liable to pay fines or face imprisonment, as determined by the court. The penalties can vary depending on the severity of the offense and the amount of electricity involved. Section 33: Disconnection of Supply: Section 33 empowers the Nepal Electricity Authority (NEA) to disconnect the electricity supply to premises where unauthorized use or tampering is detected. The NEA has the authority to disconnect the supply without notice and take necessary measures to prevent reconnection until the offense is rectified and penalties are paid. Section 34: Investigation and Prosecution: Section 34 grants powers to the NEA to investigate cases related to unauthorized use of electricity and prosecute offenders. The NEA can conduct inspections, meter readings, and other necessary investigations to identify instances of unauthorized use or tampering. It's important to note that the specific penalties and enforcement procedures may be subject to interpretation by the courts and decisions made by the authorities. The penalties imposed for unauthorized use of electricity can vary based on the circumstances and the severity of the offense.
I will like to add the obiter dicta given by chief justice of Jharkahnd in the case of Shyam lal Iron company v.Jharkhand State Electricity Board and ors. "We are of the considered opinion that because of sending the communication dated 24th January, 2013, annexing calculation sheet which is calculation of the demand against the person who is found to be indulged in theft will not make any difference nor it will convert the proceeding into one under Section 126 of the Act when the facts are very clear as on the date of inspection itself it was treated to be a case of electricity theft and not even a case of suspected theft of electricity, much less to the case of unauthorised consumption of electricity, for which provision is made under Section 126 of the Act."
You have clearly explained the technical differences between Electricity Theft and Unauthorized Use of Electricity under Sections 135 and 126 of the Act, respectively. To add to this understanding, the Seetharam Rice Mill case by the Apex Court stated that Section 126 of the Act provides a comprehensive process for assessment, determination, and demand, with the purpose of imposing an implied restriction on unauthorized consumption.
Section 126 aims to safeguard against the misuse of powers by unscrupulous elements and is designed to address situations not specifically covered under Section 135. The provisions of Section 126 are self-explanatory and are intended for cases where there is no theft of electricity but where electricity is consumed in violation of the supply terms and conditions, leading to malpractices that fall under 'unauthorized use of electricity'.
Section 135, on the other hand, deals with the offence of electricity theft and falls within the scope of criminal law, where mens rea (criminal intent) is a relevant factor. Conversely, Section 126 does not pertain to criminal intent and lacks elements related to the criminal concept of mens rea. It deals with unauthorized use of electricity even in the absence of intent. Hence, the competent authority can invoke its powers and pass an order of assessment under Section 126 without considering intention.
Section 126 also outlines penalties for unauthorized use of electricity, including fines and imprisonment, to provide safeguards against the misuse of powers by unscrupulous elements. These provisions cover situations other than those specifically addressed by Section 135.
A very nicely explained technical aspects of difference between the Electricity Theft Vs. Un-Authorized use of Electricity (Sec 135 Vs Sec 126) , now we can clearly understand the meaning of the two terms bifurcatelty, -
i would like to add a case law of Seetharam Rice Mill's case the Apex Court has stated that, Section 126 of the Act, which embodies a complete process for assessment, determination and demand has a purpose to achieve, i.e., to put an implied restriction on such unauthorised consumption. The purpose of Section 126 of the Act 2003 is to provide safeguards to check the misuse of powers by unscrupulous elements. The provisions of Section 126 of the
Act 2003 are self-explanatory. They are intended to cover situations, other than, the
situations specifically covered under Section 135 of the Act 2003.
of electricity.
1) The provisions of Section 126 of the Act are selfexplanatory, which are intended to cover situations other than the situations specifically covered under Section 135 of the Act; which would be applicable to 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 ‘unauthorised use of electricity’. Section 135 of the Act deals with an offence of theft of electricity, which 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 Act does not speak of any criminal intendment, which does not have features or elements which are traceable to the criminal concept ofmens rea.
Thus, the expression ‘unauthorised use of electricity’ under Section 126 of the Act
deals with cases of unauthorised use, even in absence of intention. As such, intention is not
the foundation for invoking powers of the competent authority and passing of an order of
assessment under Section 126 of the Act.
Section 126 of the Act 2003 states that unauthorized use of electricity can result in penalties, including fines and imprisonment.
* The purpose of Section 126 of the Act 2003 is to provide safeguards to check
the misuse of powers by unscrupulous elements. The provisions of Section 126 of the
Act 2003 are self-explanatory. They are intended to cover situations, other than, the
situations specifically covered under Section 135 of the Act 2003.
The discussion on the unauthorized use of electricity and the penalties under Sections 126 and 127 of the Electricity Act 2003. Sir clarified what constitutes unauthorized use and provided five examples: tampering with the meter to slow it down or avoid recording actual consumption, using a domestic connection for commercial or industrial purposes, supplying electricity to a neighbor or another building from your own connection, consuming more electricity than your connection is approved for, and bypassing the meter entirely. Sir also explained the process that follows if someone is caught using electricity unauthorizedly, including receiving a notice from the electricity department, filing a representation, and appealing the decision.
Sir talked about unauthorized use of electricity and the penalty according to Section 126 and 127 of the Electricity Act 2003. Sir also explained what unauthorized use of electricity is and gives five examples of it. He also explains the process of what happens if someone is caught using electricity unauthorizedly. Like Tampering the meter to slow it down or to avoid recording the actual electricity consumption, Using a domestic connection for commercial or industrial purposes, Providing connection to a neighbour or another building from your own house, Using more electricity than what your connection is approved for, Bypassing the meter altogether. Sir also talked about the process that follows if someone is caught using electricity unauthorizedly. This includes receiving a notice from the electricity department, filing a representation, and appealing the decision.
Thank you
Nicely explained the topic sir but I would like to present Several measures can be taken to prevent unauthorized use of electricity:
1. Regular Inspections: Electricity distribution companies should conduct regular inspections to identify and address unauthorized connections or meter tampering.
2. Public Awareness Campaigns: Educating consumers about the consequences of unauthorized use of electricity and the importance of energy conservation can help deter such practices.
3. Advanced Metering Infrastructure (AMI): Implementing AMI with smart meters can enable real-time monitoring of electricity consumption and detect anomalies that may indicate unauthorized use.
4. Strict Enforcement of Regulations: Stringent enforcement of regulations and penalties can deter potential offenders and protect the interests of legitimate electricity consumers.
In 2024, the issue of unauthorized electricity use and the responsibilities of electricity department officers, emphasizing the importance of understanding what constitutes unauthorized usage, as seen in sectors 126 and 127. They highlight the necessity of distinguishing between authorized and unauthorized use to avoid theft charges. The billing process involves provisional and final assessments, and significant penalties can result from unauthorized activities. Proper procedures must be followed to ensure accurate billing and avoid penalties. It also discusses the appeal process for assessment orders and stresses the importance of responding carefully to notices from the electricity department to prevent legal and financial consequences. The focus is on understanding regulations, adhering to procedures, and responding appropriately to avoid penalties and ensure compliance.
Sir, You have outlined in detail how the electricity industry distinguished between theft and unauthorized use, citing Section 135 of the Act for theft and Section 126 for unauthorized use. The Seetharam Rice Mill case made it clear that, although Section 135 addresses criminal intent, Section 126 addresses unauthorized use in general. The purpose of Section 126 is to prevent the abuse of authority by outlining a procedure for evaluation and sanctions. Action is not required to have criminal intent. Section 126 stipulates that there are fines and jail time as penalties. Protection against malpractices not covered by Section 135 is provided by this section. Understanding of these distinctions was cemented by the Apex Court's interpretation in the Seetharam Rice Mill case, which emphasized how crucial compliance with regulations is to prevent negative legal and financial outcomes.
Sir very nice I could understand everything
I would also like to add a case brief for the viewers greater understanding, the name of the case is Plasto Precessors vs Gujarat Electricity Board , (2005) 2 GLR 993 which are as follows:
1. The petitioner, Plasto Precessors, was a consumer of electricity supplied by the respondent, Gujarat Electricity Board (GEB).
2. In 2002, the GEB conducted an inspection of the petitioner's premises and found that the petitioner had tampered with its electricity meter.
3. The GEB issued a show-cause notice to the petitioner, alleging that the petitioner had consumed unauthorized electricity and demanding payment of a penalty.
4. The petitioner denied the allegations of tampering with the meter and filed a petition before the High Court of Gujarat challenging the GEB's notice.
5. The High Court held that the petitioner was guilty of unauthorized consumption of electricity and ordered the petitioner to pay the penalty demanded by the GEB.
Thanks for sharing very important topic.
Thank you Rupesh ji. Happy to know that your liked it.
U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad [(2013) 8 SCC 491]
QUORUM: Justice G.S. Singhvi and Justice S.J. Mukhopadhyay
Ratio Decidendi: 2:0
The Supreme Court ruled in favour of the U.P. Power Corporation Ltd. The court held that Consumer Forums lack jurisdiction in cases involving unauthorized electricity use as defined under the Electricity Act, 2003. The court reasoned that "unauthorized use of electricity" doesn't fall under the purview of "unfair trade practice," "restrictive trade practice," "deficiency in service," or "hazardous services" as defined by the Consumer Protection Act. The court clarified that Section 126 of the Electricity Act, 2003 governs the procedure for assessing charges in such cases.
This decision established that disputes concerning electricity theft fall outside the jurisdiction of Consumer Forums and should be addressed following the provisions of the Electricity Act.
Unauthorized use of electricity in USA
In the United States, unauthorized use of electricity is generally addressed through various laws and regulations at both the federal and state levels. Here are some key aspects to consider:
1) Federal Law: The Federal Energy Regulatory Commission (FERC) oversees the interstate transmission of electricity and regulates wholesale electricity markets. While federal law does not specifically address unauthorized use of electricity, there are federal statutes related to electricity theft and fraud that may apply in certain circumstances. These laws are generally enforced by federal agencies such as the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ). Here are a couple of federal laws that can potentially be relevant:
a) Title 18, United States Code, Section 1343 (Wire Fraud): This federal law makes it a crime to use wire, radio, or television communication to defraud or obtain money or property by false pretenses. If unauthorized use of electricity involves fraudulent conduct using electronic communications, this statute could be applied.
b) Title 18, United States Code, Section 2314 (Transportation of Stolen Goods, Securities, Moneys, or Fraudulent State Tax Stamps): This law addresses the interstate transportation of stolen property or money obtained through fraud, including the proceeds of wire fraud. If unauthorized use of electricity involves the movement of stolen or fraudulently obtained funds across state lines, this statute may be applicable
2) State Laws: Each state has its own laws and regulations regarding the unauthorized use of electricity. These laws typically address theft, meter tampering, and unauthorized connections. Violations may be considered misdemeanors or felonies, depending on the extent of the offense and the value of the stolen electricity. State laws also outline the penalties, which may include fines, imprisonment, or both. Various aspect of this are:-
State laws in the United States govern the unauthorized use of electricity, including meter tampering, electricity theft, and related offenses. The specific laws can vary from state to state, so it's important to consult the statutes and regulations in your particular jurisdiction. Here are some general aspects that state laws may address:
a) Criminal Offense: Unauthorized use of electricity is typically considered a criminal offense under state law. The specific charges and classifications may vary, ranging from misdemeanors to felonies, depending on the severity of the act and the amount of electricity involved. State laws define the elements of the offense and outline the associated penalties, which can include fines, probation, community service, or imprisonment.
b) Utility Regulations: State utility regulatory agencies often have authority over electricity providers and may establish rules and regulations governing the provision of electricity. These regulations may address issues related to metering, meter tampering, and unauthorized use. Violations of these regulations may result in administrative penalties, such as fines or utility service disconnection.
c) Theft of Services: State laws related to theft of services may be applicable to unauthorized use of electricity cases. These laws typically cover the unauthorized use of utilities, including electricity, without payment or proper authorization. Penalties for theft of services offenses can vary depending on the state and the value of the services stolen.
d) Civil Liability: In addition to criminal charges, individuals engaged in unauthorized use of electricity may face civil liability. Utility companies have the right to seek restitution for the stolen electricity and any damages caused by meter tampering or unauthorized connections. Civil remedies can include monetary damages, recovery of the stolen electricity's value, and reimbursement for costs incurred by the utility company.
3) Utility Regulations: Electric utility companies are regulated by state public utility commissions (PUCs) or similar agencies. These commissions establish rules and regulations that govern the proper use of electricity, metering, and billing. Unauthorized use of electricity is generally prohibited, and the utility companies have the authority to investigate and take action against individuals or businesses engaged in such activities. Penalties may include disconnection of service, fines, or legal action.
If one of the consumer unauthorzely extended the load from another consumer's meter without the notice of owner of the meter then in under which rule it will treated as theft and who will determine that it is a theft in nature. plase reply immediately that in my case Cgrf has replied that regional authority is not responsible for the same.
Harish ji
Can you please elaborate your case.
Please do also read Section 135, 126 and 127 of the Electricity Act 2003
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Assessment का अपील जिला मे कौन होगा
Appellate Authority constituted under Section 127 of the Electricity Act 2003. If have know the address of your local Appellate Authority, please do share in the comment box.
Candid disconnect electricity if this act is act is applicable??
Sir, I have a confused what is the meaning of commercial and what types of electricity use are said to be commercial use. A teacher teaches some students in his home taking domestic connection using bulb fan and AC. Is it said to be commercial use ?
Priyanka
Thats an excellent question.
As per Consumer Protection Act 2019 self employed persons like taking home Tuition are not doing commercial activity.
However for Electricity matters State Electricity Regulatory Commission in every state can define what is commercial and what is not. My sense is Home 🏠 Tuition should not be commercial activity. However if you form a company and then do billing in the name of the company then SERC may include this in commercial category.
If anyone has any inputs as to what is the definition in your state please comment and share.
I received against section 126 demand of 24 months with double penalty charges
I tell officer that you can't give me 24 months demand, but he can't listen me and my real commercial use is only 4 months. I clearly give him all proofs, but he can't listen,
Then what can I do????
Madhav
You can file objections in writing ✍️. Further You can file Appeal to Appellate Authority under section 127, but you have to deposits 50 percent of the amount to Discom before filing appeal
Hope this is useful to you
घरेलू के साथ कमर्शियल मीटर लेना हो तो क्या डॉक्यूमेंट्स लगेंगे
Section 126 of the Electricity Act 2003 states that unauthorized use of electricity can result in penalties, including fines and imprisonment. Section 127 outlines penalties for tampering with electrical installations, which can include fines and imprisonment as well.
Two things need to be clarified here. Firstly, the appellate authority need not necessary be a judicial or retd engineer. The appellate authority may be an in house officer of the discom and is an employee, but a level higher than the assessing officer. Moreover, the act doesn't stipulate about placing the matter in the hands of rank outsider of the discom. Secondly, though civil court has been barred under the act , nothing precludes the consumer from invoking the constitutional remedies. Otherwise, the clause has been well explained. You should have clubbed the civil liability of the thieft along with the unauthorized usage. Because in many cases the discom choses not to initiate proceeding of criminal action under sec 135 of the Act and would do well with only civil liability so as to recover the loss incurred by it. This position of assessing and appellate authority nomination differs from state to state and discom to discom in some cases. It all depends on the terms and conditions of supply or regulation notified by respective discom or regulator of the respective state as the case may be.
Input by Mr Nagaraj N. This may be useful for Subscribers.
Sir mujhe provisional assessment of 39000 was given to me without any signature and notice . The electricity deptt. Take away pvc wire and meter. But my monthly bill is now coming regularly. And I paid the bills too. Now my connection is in running status . I request to reconnect my power but the engineers rejected my request . Now another bill has come for this month . No FIR is registered against me . I have already submitted complaint to the electricity consumer's grievance portal . Next what can I do ?
All seven remedies available to consumer mentioned in this video. Hope this is useful to you.
Seven Legal Remedies for enforcing Electricity Consumers Rights
ruclips.net/video/WhDCI6ZwTro/видео.html
The position in Bhutan is as followed-
Under Section 69 of the Electricity Act of Bhutan 2001-
1. addition, alteration or extension of electrical installation in the customer's premises without permission of the Licensee or extension to any premises other than one for which supply was contracted for is an offence.
2. use of electricity for the purpose other than that for which supply is contracted for is an offence.
3. damaging any meter or other instrument used on or in connection with any licensed installation for recording the output or consumption of energy is an offence.
Dear sir,
Theft done by the person staying in my building from the passing line from my meter line . After i had received high electricity bill i had file a verbal complaint in mseb office. next day officers visited the that person but they had hide all the things they had found their and forced me to pay the high bill. i had approached to the cgrf but cgrf has not giving a judgement by my side. can i contact to explain the case i need your help urgently.
Appeal to Electricity Ombudsmen. They may resolve the issue.
Keep also the photos and documents with respect to your complaint safely.
Sri Lanka
In Sri Lanka, the provisions that deal with unauthorized use of electricity are primarily covered under the Electricity Act No. 20 of 2009. Section 49 provides that if someone uses or takes electricity that is being transmitted or distributed by an authorized electricity provider, without having a contract with that provider, it is considered an offense under the law. If convicted, the person may face a fine of at least Rs. 10,000 and up to Rs. 50,000. Additionally, the person may be required to pay a fine equal to the value of the loss or damage caused to the electricity provider as a result of their actions. The fine collected will be given to the electricity provider upon their request to the court. If someone assists or encourages another person in committing this offense, they will also be considered guilty and face the same punishment as the main offender. If multiple people are convicted of the same offense, the value of the loss or damage may be divided among them, and each person will be fined accordingly. In the absence of evidence to the contrary, a certificate provided by the electricity provider will be considered proof of the value of the loss or damage caused. If there is no prior agreement, the electricity provider has the right to charge the consumer according to the method of charging specified in their license.
Additionally, section 50 states that if a person who is not authorized by the electricity provider connects or disconnects an electric line, meter, or other equipment used for supplying electricity, or if they lay or connect electric lines, equipment, or works without the consent of the electricity provider for the purpose of establishing a connection, it is considered an offense under the law.If convicted, the person may face a fine of at least Rs. 10,000 and up to Rs. 50,000. Additionally, they may be required to pay a fine equal to the value of the loss or damage caused to the electricity provider as a result of their actions. The fine collected will be given to the electricity provider upon their request to the court. Additionally, anyone who assists or encourages the commission of this offense will also be considered guilty and face the same punishment as the main offender. If multiple people are convicted of the same offense, the value of the loss or damage may be divided among them, and each person will be fined accordingly. In the absence of evidence to the contrary, a certificate issued by the electricity provider will be considered proof of the value of the loss or damage caused. If there is no prior agreement, the electricity provider has the right to charge the consumer for the energy supplied according to the method specified in their license. If the offense continues after conviction, an additional fine of up to Rs. 500 per day may be imposed for each day the offense is committed. An offense under this section is considered a serious offense, which means it can be investigated without a warrant and is not eligible for bail, as per the Code of Criminal Procedure Act, No.15 of 1979.
USA
In the United States, the unauthorized use of electricity is primarily addressed at the state level rather than under a federal law. Each state has its own set of regulations and statutes governing the unauthorized use of electricity, including penalties and enforcement measures. The specific provisions that deal with the unauthorized use of electricity can vary from state to state. These provisions are typically included in the state's electrical utility regulations or energy codes. They may cover offenses such as tampering with electric meters, bypassing meters, or making illegal connections to the electrical supply system.
Here are examples of provisions related to unauthorized use of electricity in five prominent states in the United States:
California: Under Section 498 of the California Penal Code, it is a misdemeanour to unlawfully obtain or use electricity without authorization or without paying for the service. This includes tampering with meters, making unauthorized connections, or diverting electricity.
New York: In New York, under Section 165 of the New York Penal Law, unauthorized use of utilities, including electricity, is addressed. It is a misdemeanour offense to tamper with or make unauthorized connections to utility services, such as meters, in order to avoid payment or obtain unauthorized services.
Texas: In Texas, unauthorized use of electricity is covered under Section 35.04 of the Texas Penal Code. This provision makes it a misdemeanour offense to tamper with or bypass meters, or use electricity services without authorization with the intent to avoid payment or obtain unauthorized services.
Florida: In Florida, the unauthorized use of electricity is addressed under Section 812.14 of the Florida Statutes. This provision makes it a third-degree felony to divert, use, or obtain electric energy without authorization with the intent to deprive the utility company of payment.
Illinois: In Illinois, unauthorized use of electricity is covered under Section 720 ILCS 5/16-119 of the Illinois Compiled Statutes. This provision makes it a Class 4 felony to knowingly use or obtain electricity without authorization, tamper with meters, or make unauthorized connections with the intent to avoid payment or obtain unauthorized services.
The procedure for addressing unauthorized use of electricity in the USA can vary depending on the jurisdiction and the specific utility provider involved. However, here is a general outline of the steps that may be followed if an assessing officer receives information about unauthorized use:
Investigation: The assessing officer will typically initiate an investigation into the reported unauthorized use. This may involve gathering evidence, conducting site visits, and interviewing relevant parties.
Notification: If evidence of unauthorized use is found, the assessing officer may notify the utility provider responsible for the supply of electricity. The utility provider will then take appropriate action based on their internal procedures and the applicable laws and regulations.
Meter Inspection/Verification: The utility provider may conduct a meter inspection to assess the accuracy of the meter readings and determine if tampering or unauthorized connections have occurred. This helps establish the extent of the unauthorized use.
Calculation of Losses: The utility provider will calculate the losses incurred due to the unauthorized use of electricity, considering factors such as the duration and extent of the unauthorized usage.
Assessment and Billing: Based on the calculation of losses, the utility provider will typically issue a bill to the responsible party for the unauthorized usage. The bill will reflect the value of the stolen electricity or the cost of the losses incurred.
Resolution and Legal Action: The responsible party will have the opportunity to dispute the charges or negotiate a settlement with the utility provider. If an agreement cannot be reached, the utility provider may pursue legal action to recover the losses through civil remedies or, in some cases, involve law enforcement for criminal prosecution.
The position of Australia is as followed-
The governing Act is South Australia Electricity Act , 1996. Section 85 deals with it and the term used in Australia is Unlawful taking of electricity.
• A person must not without proper authority abstract or divert electricity from a power system; or interfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity.
Maximum penalty: $20 000 or imprisonment for 2 years.
• A person must not install or maintain a line capable of conveying an electricity supply beyond the boundaries of property occupied by the person unless-
The person is an electricity entity; or
The person does so with the approval of an electricity entity responsible for electricity supply to the property, or with the approval of the Technical Regulator; or
The line is authorised under the regulations.
Maximum penalty: $10 000.
Thank you for that information Tanya.
Can you also mention the provisions related to unauthorised use of electricity in the different electricity acts of each state in Australia respectively?
Sir meter temperd ka kya kare??? Plz reply
Unauthorised use of Electricity ⚡️
Unauthorized Use of Electricity in Nepal
The Electricity Act, 2049 (1992) of Nepal, as amended, provides provisions related to the unauthorized use of electricity and its legal consequences. Here are some key provisions of the Electricity Act regarding unauthorized use of electricity in Nepal:
Section 25: Prohibition of Unauthorized Use: Section 25 of the Electricity Act explicitly prohibits unauthorized use of electricity. It states that no person shall make any unauthorized connection to an electricity supply system, tamper with meters or other equipment, or use electricity without lawful authority.
Section 32: Offenses and Penalties: Section 32 of the Electricity Act outlines the offenses and penalties related to unauthorized use of electricity. It states that any person found guilty of unauthorized use, tampering, or other offenses shall be liable to pay fines or face imprisonment, as determined by the court. The penalties can vary depending on the severity of the offense and the amount of electricity involved.
Section 33: Disconnection of Supply: Section 33 empowers the Nepal Electricity Authority (NEA) to disconnect the electricity supply to premises where unauthorized use or tampering is detected. The NEA has the authority to disconnect the supply without notice and take necessary measures to prevent reconnection until the offense is rectified and penalties are paid.
Section 34: Investigation and Prosecution: Section 34 grants powers to the NEA to investigate cases related to unauthorized use of electricity and prosecute offenders. The NEA can conduct inspections, meter readings, and other necessary investigations to identify instances of unauthorized use or tampering.
It's important to note that the specific penalties and enforcement procedures may be subject to interpretation by the courts and decisions made by the authorities. The penalties imposed for unauthorized use of electricity can vary based on the circumstances and the severity of the offense.
I will like to add the obiter dicta given by chief justice of Jharkahnd in the case of Shyam lal Iron company v.Jharkhand State Electricity Board and ors.
"We are of the considered opinion that because of sending the communication dated 24th January, 2013, annexing calculation sheet which is calculation of the demand against the person who is found to be indulged in theft will not make any difference nor it will convert the proceeding into one under Section 126 of the Act when the facts are very clear as on the date of inspection itself it was treated to be a case of electricity theft and not even a case of suspected theft of electricity, much less to the case of unauthorised consumption of electricity, for which provision is made under Section 126 of the Act."
Tu kya bata raha kuch samajh me nhi aaya