OFFENCES AND PENALTIES

1. (1) Whoever, dishonestly, --
   • (a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee; or
   • (b) tampers a meter, installs or uses a tampered meter, current reversing

transformer, loop connection or any other device or method which interferes

with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or

(c)damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity,

so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both:

1. (i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity; 2 of 1974
2. (ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less

than three times the financial gain on account of such theft of electricity and

in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months but which may extend to

five years and with fine not less than six times the financial gain on account

of such theft of electricity:

Provided further that if it is proved that any artificial means or means not authorized by the Board or licensee exist for the abstraction, consumption or use of

electricity by the consumer, it shall be presumed, until the contrary is proved, that

any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.

1. (2) Any officer authorized in this behalf by the State Government may - -
   • (a) enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been, is being, or is likely to be, used unauthorisedly;
   • (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 be, used for

unauthorized use of electricity;

1. (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 (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.

1. (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 of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises.

1. (4) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act. Theft of electric lines and materials.

136. (1) Whoever, dishonestly --

1. (a) cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain; or
2. (b) stores, possesses or otherwise keeps in his premises, custody or

1. (c) loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner, whether or not the act is done for profit or gain, Punishment for receiving stolen property done for profit or gain, is said to have committed an offence of theft of electric lines and materials, and shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

1. (2) If a person, having been convicted of an offence punishable under sub-section (1) is again guilty of an offence punishable under that sub-

section, he shall be punishable for the second or subsequent offence for a term of

imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine which shall not be less than ten thousand rupees.