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Ajinkya Lad   23 November 2023

Electricity act - Anticipatory bail

Can we file anticipatory bail where the fir is registered under 138 Of Electricity act?

if yes, what are the chances of anticipatory bail in the Electricity act i mean whether the court looks the matter as same as penal code?


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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

Section 138 (b) whoever unauthorisedly reconnects any meter with any electric line when the said electric line has been cut or disconnected shall be punishable with imprisonment for a term which may extend to 3 years or fine which may extend to Rs. 10,000/- or with both.

The theft of electricity is non bailable offence under relevant provisions of the Electricity Act 2003.

If a FIR is registered under this provision of law, you can very well apply for anticipatory bail, if the AB applicaiton is dismissed by sessions court, you may approach high court with a similar applicaiton, whereconsidering the grounds, you may get AB. 

Ajinkya Lad   24 November 2023

thankyou for your response

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