Section 140 Electricity Act: Penalty for maliciously wasting electricity or injuring works

Section 140 of Electricity Act: Penalty for maliciously wasting electricity or injuring works

Official Bare Act Text

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

Whoever, maliciously causes energy to be wasted or diverted, or with intent to cut off the supply of energy, cuts or injures, or attempts to cut or injure, any electric supply line or works, shall be punishable with fine which may extend to ten thousand rupees .

Legal Commentary & Landmark Judgments: Section 140

Section 140 of the Act penalizes maliciously wasting electricity or maliciously injuring utility works, imposing imprisonment of up to two years or fine of up to twenty thousand rupees, or both, for willful sabotage of electrical works.

Malicious Intent Ingredient (Sabotage): Requires proof of malice—deliberate, spiteful intent to destroy electrical lines, short-circuit transformers, or cause blackouts.
Severe Sanctions for Willful Grid Sabotage: Imposes imprisonment of up to two years, reflecting the grave threat posed to hospital emergency systems and public infrastructure.
Concurrent Tortious & Penal Liability: Operates alongside civil claims for full damages and compensation for lost utility revenues and destroyed transformer equipment.

Key Landmark Precedents:

M.P. Electricity Board v. Shail Kumari (2002) 2 SCC 162: Supreme Court affirmed that deliberate tampering or malicious sabotage of power lines constitutes a severe crime against society.
Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Supreme Court highlighted that electricity is a vital national asset; malicious destruction of works warrants uncompromising penal enforcement.
State of Bihar v. Kirly Mines AIR 1961 SC 171: Affirmed the strict penal sanctions protecting public energy and utility installations.

Courtroom Practice & Strategic Litigation Guidance:

In prosecutions under Section 140, the prosecution must establish malice beyond a reasonable doubt; defense counsel should demonstrate that the damage was an accidental consequence of ordinary commercial activity, reducing the offense to civil negligence under Section 139.

Section 140: Penalty for maliciously wasting electricity or injuring works

Section 140 of Electricity Act: Penalty for maliciously wasting electricity or injuring works

Legal Commentary & Landmark Judgments: Section 140