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Electricity is the main source of energy on which India depends for its day to day chores. Due to high public dependency, theft of electricity is considered one of the most pertinent ones. In layman's language, theft of electricity is a criminal practice of stealing power through illegal ways and hence same is punishable under the law by imposing heavy fines and/or incarceration. However, the Supreme Court’s bench of Justice Rohinton Nariman and Justice Navin Sinha , overruling the Bombay High Court, held that the offence of “interference with the meters or work of licensee” under section 138 of the Electricity Act of 2003 is compoundable under section 152 of the act and set aside the order of Bombay High Court.
In the order of the high court, the activities such as tampering or damaging or destructing of an electric meter or any other equipment under 138 was held to be non-compoundable. The bench also observed that since the said actions do not directly comply as offence of theft the same will not fall under section 152.
But the bench clearly observed that terms of section 152 of the act specifically states “an offence of theft” which according to meaning given in Ramanatha Iyer’s Law Lexicon imply that meaning of “an” is “any”. If the words are respectively substituted the above section will cover all kinds offence related to theft of electricity as compoundable. Therefore the court held that section 135 and 138 will impose a maximum sentence of 3 years.
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