Section 146: Punishment for non-compliance of orders of directions

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 146

Section 146 of the Act prescribes criminal punishment for non-compliance of orders or directions made under the Act, imposing imprisonment of up to three months or fine of up to one lakh rupees, plus recurring daily fines, on anyone who fails to comply with orders of the Commission or Appellate Tribunal.

  • Criminal Penal Sanctions for Disobeying Regulators: Criminalizes non-compliance with orders of the CERC, SERC, or APTEL, transforming regulatory defiance into a punishable criminal offense.
  • Cumulative Daily Compounding Fines: Imposes recurring fines of up to five thousand rupees per day for every day during which the non-compliance continues after the first conviction.
  • Direct Culpability of Managing Directors & Key Officers: Exposes executive leadership to personal criminal prosecution under Section 149 for corporate failure to obey regulatory directions.
Key Landmark Precedents:
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court affirmed that Section 146 provides criminal enforcement teeth ensuring that regulatory orders are not treated as advisory paper directives.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that criminal sanctions under Section 146 uphold the authority of specialized energy tribunals.
  • Tata Power Co. Ltd. v. Reliance Energy Ltd. (2009) 16 SCC 659: Affirmed that willful defiance of Commission orders warrants prosecution under Section 146.
Courtroom Practice & Strategic Litigation Guidance:

When a distribution company willfully refuses to implement an APTEL tariff remand order or compensation directive, file a formal complaint under Section 146 before the Judicial Magistrate of the First Class after obtaining statutory sanction under Section 151.