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Section 147: Penalties not to affect other liabilities

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2003
Section 146 All 185 Sections of Electricity Act Section 148

Legal Commentary & Landmark Judgments: Section 147

Section 147 of the Act clarifies that the penalties and punishments imposed under the Act shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation or other civil liabilities under the Act or any other law.

  • Concurrent Civil & Criminal Liability Framework: Establishes that criminal conviction or regulatory fine does not relieve the offender from paying civil damages, compensation, or tariff adjustments.
  • Preservation of Restitution Remedies: Ensures that victims of electrocution, fire damage, or theft recovery can pursue full financial restitution alongside criminal prosecution.
  • Cumulative Statutory Enforcement: Permits simultaneous prosecution under penal sections and civil recovery under Chapter XII / XIV.
Key Landmark Precedents:
  • M.P. Electricity Board v. Shail Kumari (2002) 2 SCC 162: Supreme Court held that penal prosecution for electrical safety defaults does not bar concurrent civil tort actions for full compensatory damages under strict liability.
  • Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Supreme Court affirmed that civil assessment of unauthorized use under Section 126 and criminal penalties operate independently under Section 147.
  • BSES Rajdhani Power Ltd. v. Brij Mohan (2015) 15 SCC 353: Affirmed that civil liability for electricity consumption survives criminal compounding.
Courtroom Practice & Strategic Litigation Guidance:

In drafting claims for electrocution or fire damages caused by utility negligence, cite Section 147 to establish that departmental disciplinary or penal proceedings against line staff do not diminish the licensee's absolute civil liability to pay substantial damages.

Section 146 All 185 Sections of Electricity Act Section 148