Penalty for theft of energy

"39.

1. (1) Whoever dishonestly abstracts, consumes, uses or draws any energy,- (a) otherwise than through a meter referred to in section 26, (b) by tampering with such meter or its seals or apparatus or circuits, (c) by manipulating change of phases of the electric supply, (d) by abstracting or interfering in the functioning of such meter, (e) by manipulating any meter, indicator or apparatus, (f) by cutting, damaging or removing insulation of service wire, (g) from a disconnected connection, or
   • (h) by any other meanswhatsoever, shall be punishable with imprisonment for a term which may extend to three years M with fine which may extend to two lakh rupees or with both; and if it is proved that any artificial means or means not authorised by the electricity utility exist for the abstraction, consumption , use ar draw of energy by the consumer or any other person, it shall be presumed, until the contrary is provdx that any' abstraction, consumption, use or draw of energy has been dishoriestly caused by sych consumer or person: Provided that such imprisonment shall not be less than one month and such fine shall not be less than ten thousand rupees. I : (2) Any officer d electricity utility or any Electrical Inspector authorised in this behatf by the State Government may-
   • (a) enter, inspect, break open and search any place or premises in which he has reason to believe that energy has been, is being, or is likely to be, dishorlestly abstracted, consumed, used or drawn; .
   • (b) search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, is being, or is likely to bg used for dishonest abstraction, consumption, use or draw of energy;
   • (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
2. (1) of this section or section 39A, 39AA or 44 and allow the person from whose custody such books of account or documents are seized to make copies thereof or take earacts therefrom in his presende. (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 in any domestic place or premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such place or premises. (4) -The provisions of the Code of ~dminal Procedure, 1973 relaling to search and seizure shall apply, as far as may be, to searches and seizures under sub-section (2).
3. (5) ' Where, during an inspection of any place or premises under sub-section (2), a consumer Or a person is found to have committed an offence under section 39, 39A, 39AA or 44, the electricity utility may cut of the supply to the place or premises and for that purpose cut or disconnect any electric supply line or any other work being the properly of the electricity utility and shall discontinue the supply till the time the electricity utility restores the supply in accprdance with its conditions of supply. Explanation I.- For the purpose of this section, the expression "dishonestly" shall have the same meaning as assigned to it in section 24 of the Indian Penal Code and the expression "dishonest* occurring in this section and section 50A shall be construed accbrdingly.' ExpIa-n Ik- For the purpose of this section, section 39A and s&-section
4. (1) of section 50A, the expression "electricity utility" means the Board constituted under section 5 of the Electrrcrty (Supply) Act, 1948 or a licensee or a person who 54 of I @ authorised Wr this Ad or any other law for the time being in force to supply electricity.".