Section 136 Electricity Act: Theft of electric lines and materials

Section 136 of Electricity Act: Theft of electric lines and materials

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Whoever, dishonestly—

(a) cuts or severs or removes or takes away or transfers any electric line, material or meter from a tower, pole, standard or other support or sub-station or installation or any other place of its installation, without the consent of the licensee or the owner, as the case may be; or

(b) stores, possesses or deals with any electric line, material or meter without the consent of the owner; or

(c) loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner,

with the intention of cutting or severing or removing or taking away or transferring the same for an unlawful purpose, shall be guilty of 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.

(2) If a person, having been convicted of an offence punishable under sub-section (1) is again convicted of an offence punishable under that sub-section, he shall be punishable for the second or subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than ten thousand rupees.

Legal Commentary & Landmark Judgments: Section 136

Section 136 of the Act penalizes the theft of electric lines and materials, prescribing imprisonment of up to three years or fine, or both, for dishonestly cutting, severing, or removing transmission wires, transformers, or hardware.

Dishonest Severing or Removal of Power Infrastructure: Criminalizes the theft, unauthorized removal, or dismantling of high-voltage transmission conductors, copper busbars, substation transformers, and transmission tower braces.
Strict Reversal of Burden Regarding Material Possession: Provides that where an unauthorized person is found in possession of electric lines or equipment belonging to a utility, it shall be presumed that the person stole such material unless the contrary is proved.
Aggravated Penal Sanctions for Recidivism: Prescribes mandatory minimum imprisonment of six months and fines up to five lakh rupees for subsequent convictions.

Key Landmark Precedents:

M.P. Electricity Board v. Shail Kumari (2002) 2 SCC 162: Supreme Court noted that theft of electrical materials creates grave public hazards, leading to snapped live wires and lethal electrocutions.
Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Supreme Court underscored that statutory offenses protecting grid infrastructure must be rigorously prosecuted to preserve energy security.
State of Bihar v. Kirly Mines AIR 1961 SC 171: Affirmed the strict penal protection accorded to public utility transmission equipment.

Courtroom Practice & Strategic Litigation Guidance:

In Section 136 prosecutions, the prosecution must produce the certified inventory register and property marks showing that the seized wire or transformer parts belong exclusively to the utility; challenge vague recovery memos that lack identification marks.

Section 136: Theft of electric lines and materials

Section 136 of Electricity Act: Theft of electric lines and materials

Legal Commentary & Landmark Judgments: Section 136