Section 138 Electricity Act: Interference with meters or works of licensee

Section 138 of Electricity Act: Interference with meters or works of licensee

Official Bare Act Text

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

(1) Whoever—

(a) unauthorisedly connects any meter, indicator or apparatus with any electric line through which electricity is supplied by a licensee or disconnects the same from any such electric line; or

(b) unauthorisedly reconnects any meter, indicator or apparatus with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut off or disconnected; or

(c) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee; or

(d) maliciously injures any meter, indicator, or apparatus belonging to a licensee or wilfully or fraudulently alters the index of any such meter, indicator or apparatus or prevents any such meter, indicator or apparatus from duly registering; or

(e) improperly uses the energy of a licensee,

shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both, and, in the case of a continuing offence, with a daily fine which may extend to five hundred rupees.

Legal Commentary & Landmark Judgments: Section 138

Section 138 of the Act penalizes unauthorized interference with meters or works of a licensee, imposing imprisonment of up to three years or fine of up to ten thousand rupees on anyone who unauthorizedly connects, disconnects, or injures meters or safety seals.

Criminalization of Physical Meter Tampering: Penalizes connecting any meter or apparatus without the consent of the licensee, laying unauthorized lines, or breaking meter seals.
Statutory Presumption of Culpability Against Consumer: Creates a statutory presumption that if artificial means exist for causing interference, the consumer using the connection shall be presumed to have caused the interference until the contrary is proved.
Independent Penal Offense Beyond Theft: Operates independently of Section 135 theft charges, allowing prosecution for physical tampering even where no unmetered energy abstraction occurred.

Key Landmark Precedents:

BSES Rajdhani Power Ltd. v. Brij Mohan (2015) 15 SCC 353: Supreme Court affirmed that Section 138 penalizes physical interference with utility works, but the statutory presumption must be supported by credible physical evidence of tampering.
Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Supreme Court distinguished between physical tampering under Section 138 and civil unauthorized use under Section 126.
Suresh Jindal v. BSES Rajdhani Power Ltd. (2008) 1 SCC 341: Affirmed the licensee's statutory right to inspect meters and prosecute unauthorized interference.

Courtroom Practice & Strategic Litigation Guidance:

In Section 138 prosecutions based on broken meter terminal seals, demand production of the laboratory forensic analysis: if the laboratory report concludes that the internal electronic metering mechanism was completely intact and unmanipulated, move for discharge.

Section 138: Interference with meters or works of licensee

Section 138 of Electricity Act: Interference with meters or works of licensee

Legal Commentary & Landmark Judgments: Section 138