section 50A
Compounding of offences
The Indian Electricity (Gujarat Amendment) Act, 1973Infrastructure197311 sections
Statutory text
- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or section 50, any officer of the electricity utility authorised in this behalf by the electricity utility (hereinafter in this section referred to as the authorised officer) may, either before or after the institution of proceedings for any offence punishable under section 39, 39A, 39AA or 44, accept from a consumer or person charged with by way of composition of the offence such sum as may be determined by the electricity utility and the sum so determined shall not be-
- (a) less than the loss suffered by the electricity utility on account of non payment of the sum which would have been chargeable to the consumer or person by the electricity utility if the energy dishonestly abstracted, consumed, used or drawn by committing the offence, had been legally consumed or used by the consumer or person from the supply of energy by the electricity utility, and
- (b) more than five times the loss so suffered: Provided that the dishonest abstraction, consumption, use or draw of energy during a period exceeding twelve months prior to detection of offence shall not be taken into account for the purpose of determination of the sum to be paid by a consumer or person under this sub-section.
- (2) On payment of such sum as may be determined by the authorised officer under sub-section (1), the consumer or person, if in custody, shall be set at liberty and if any proceedings shall have been instituted against the consumer or person in any criminal court, the composition shall be held to amount to an acquittal of the accused person and no further proceedings shall be taken against the accused person in respect of the same offence.
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