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Section 148: Penalty where works belong to Government

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 147 All 185 Sections of Electricity Act Section 149

Legal Commentary & Landmark Judgments: Section 148

Section 148 of the Act provides that where an offense under this Act has been committed in respect of any works or property belonging to the Government, the penalty shall belong to the Government and be credited to the Consolidated Fund.

  • Statutory Protection of Sovereign Electrical Works: Prescribes specialized recovery and allocation rules for theft or damage inflicted on Central or State Government power installations, defense grids, and railways.
  • Direct Revenue Allocation to Consolidated Fund: Mandates that fines and penalties recovered for offenses against government electrical works must be credited directly to public treasury accounts.
  • Immunity from Private Claim Interception: Protects state utility recovery funds from private creditor garnishment or commercial diversion.
Key Landmark Precedents:
  • State of W.B. v. Pradip Kumar Roy AIR 1969 SC 1201: Supreme Court affirmed the sovereign character of state electrical infrastructure and the priority accorded to government revenue realization.
  • Power Grid Corp. of India Ltd. v. Century Textiles & Industries Ltd. (2017) 5 SCC 143: Affirmed that national grid installations are sovereign infrastructure assets protected by specialized statutory provisions.
  • Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Affirmed that offenses targeting public utility assets constitute crimes against the state.
Courtroom Practice & Strategic Litigation Guidance:

When prosecuting theft of transmission lines or substation transformers on government-owned defense or railway corridors, cite Section 148 in the complaint to establish the state's direct sovereign standing to recover maximum penalties.

Section 147 All 185 Sections of Electricity Act Section 149