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Mr. Fahad   10 May 2021

Electricity theft

Hi Experts,

My neighbor was booked under electricity theft case under section 135 electricity act, he found not guilty for theft by court but department is saying to pay the penalty of 2 lakhs stating that you found not guilty by the court but theft is taken place by the concern electric meter.

please advise to how to wave of the alleged charges..






 13 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 May 2021


  1. What were the points based on which the Electricity Board filed the Criminal case?
  2. Did they pray for payment of the bill for the amount assessed for the electricity theft plus the penalty?

Unless full facts of the criminal case details and the judgement details are examined no conclusion can be given in the matter.


In case, it is felt that a wrongful case is filed against the friend, he can very well file a case against the Electricity Department for damages as he is not found guilty in the case and is being penalised for payment of damages. You may contact a local Lawyer and place full facts and documents before him and seek assistance.


Dr J C Vashista (Advocate)     10 May 2021

The case is already stated to have been decided in favour of accused wherein your neighbour is stated to be acquitted (not guilty of charges) and closed, what do you want to know ?

Sankaranarayanan (Advocate)     10 May 2021

Better to seek advise from your local lawyer and act accordingly. Without the judgement we could not give our reply

Pradipta Nath (Advocate)     10 May 2021

Need to go through the documents.

Trivendra Sharma (Practicing Lawyer 9918411669)     10 May 2021

Many times accused is unpunished due to absence of evidences against him/her, but if we corroborate the events & circumstances, the cases may go against accused. 

G.L.N. Prasad (Retired employee.)     10 May 2021

The simple answer is "Court verdict" is final.  Contact a local advocate for better understanding of the orders and issue a notice to dept., through such Advocate alleging harassment and contempt of court.

1 Like

T. Kalaiselvan, Advocate (Advocate)     11 May 2021

If the accused had been accused,  it should be that the electricity theft charges were not proved before court. 

It doesn't means that the electricity department cannot  recover the charges for power consumed by owner of the meter.

You may have to challenge the recovery suit before court if you have been dragged by the department for recovery. 

P. Venu (Advocate)     11 May 2021

Section 135 in The Indian Electricity Rules, 1956

135. Supply and use of energy by non-licensees and others.—Where any person other than a non-licensee is supplied with energy by a non-licensee or other person or has his premises for the time being connected to the conductors or plant of a non-licensee or other person, or himself generates energy and uses such energy or part thereof, such person shall be deemed to be a consumer for the purposes of rules 9, 10, 29 to 33 (inclusive), 45 to 70 (inclusive), 87 and 142 and non-licensee or other person shall be subject to all the liabilities imposed on a licensee by these rules.

"taken place by the concern electric meter" How is that there is an electric meter when, admittedly, the accused person is not licenced consumer. Please post complete facts.


Mr. Fahad   15 May 2021

Sir, the complete fact is in 2015 my neighbor booked under electricity theft sec 135 of sub clause (1) electricity act 2003, direct tapping from the electric pole imposed loss of consumption of electricity of Rs 2,68000/- and meter is in the name of deceased person of their family and he is a beneficiary and prosecution failed to produce evidence before the court that he is beneficiary therefore benefit of doubt my neighbor found not guilty in the year 2019... there is nothing mention in the judgement about payments of bill and from 2015 onwards electricity department adding this penalty in the bill and so far they paid in ignorance about Rs.1,30,000/- and now after acquittal department is demanding to pay remaining Rs. 1,38,000/- as arears of 2015..

this is the actual fact.. please advise

Pradipta Nath (Advocate)     15 May 2021

Serve them a legal notice asking them to show-cause as to the grounds of the charges and upon your satisfaction, you can contest it. 

P. Venu (Advocate)     15 May 2021

Admittedly, loss due to consumption of electricity was Rs. 2,68,000/-. Then why is it that the department is demanding only Rs. 1,38,000/-?

Mr. Fahad   16 May 2021

Sir, department was adjusting the loss of consumption of 2015 amount in the electric bill in ignorance my neighbor paid those amount as thinking it as regular bill now when my neighbour found not guilty remaining arears shows as Rs.1,38,000/- and department is demanding him to pay full payment as soon as possible or else they are saying will disconnect electricity permanently.. 

what can we do in this present situation ...

can we file any case on department to stop them to collect this illegal means and what can we do to recover the amount paid in ignorance of  Rs.1,30,000/- .. does this matter comes in civil court or any tribunals or commission ? please advise 


lawyer_rajiv (9811284735) (lawyer)     19 May 2021

one has to go through the judgment passed in the theft case to ascertain as to how the department is claiming the said amount despite the fact the person got acquitted by the court concerned.

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