Section 135: Theft of electricity

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 135

Section 135 of the Electricity Act, 2003 defines and penalizes the theft of electricity, punishing anyone who dishonestly taps wires, tampers with meters, or bypasses measuring devices with imprisonment of up to three years or fine, or both, while authorizing summary police entry, search, and immediate disconnection.

  • Essential Mens Rea Ingredient ('Dishonestly'): Requires the prosecution to establish dishonest intention to cause wrongful gain or wrongful loss; pure technical load violations without dishonest bypassing do not constitute theft under Section 135.
  • Modes of Theft Execution: Covers tapping of overhead lines, unauthorized hooking, tampering with meter seals/shunts, artificial manipulation of measuring devices, or consuming electricity through tampered meters.
  • Immediate Disconnection & Statutory Reconnection Conditions: Authorizes the licensee to disconnect supply immediately upon detecting theft; requires the consumer to deposit the assessed civil liability (or percentage) before supply can be restored.
Key Landmark Precedents:
  • Executive Engineer, Southern Electricity Supply Co. of Orissa v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Landmark ruling: Supreme Court established that Section 135 is a criminal penal provision requiring proof of dishonest abstraction (mens rea), distinct from Section 126 civil unauthorized use; the two operate in completely different fields.
  • BSES Rajdhani Power Ltd. v. Brij Mohan (2015) 15 SCC 353: Supreme Court held that mere breakage of a meter seal without proof of artificial means of tapping or meter deceleration does not establish theft under Section 135.
  • Suresh Jindal v. BSES Rajdhani Power Ltd. (2008) 1 SCC 341: Supreme Court affirmed the summary powers of electricity inspection squads to inspect premises, video-record evidence, and seize tampered meter apparatus.
Courtroom Practice & Strategic Litigation Guidance:

In defending an accused facing a Section 135 electricity theft FIR, immediately obtain the inspection video footage: if the inspection squad failed to record mandatory continuous video of the meter testing or failed to seal the meter in the consumer's presence, move for discharge/quashing citing Brij Mohan.