No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or an authorized officer of a licensee or supplier or generating company , as the case may be, for this purpose:
Provided that the court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974):
Provided further that a complaint may also be filed by a consumer or any other person aggrieved under this Act.
Legal Commentary & Landmark Judgments: Section 151
Section 151 of the Electricity Act, 2003 regulates the cognizance of offenses by courts, establishing that no court shall take cognizance of any offense under the Act except upon a complaint in writing made by the Appropriate Government, Commission, or authorized utility officer.
In defending against an electricity theft prosecution, verify the authorization of the officer who filed the complaint: if the complainant lacks a formal Gazette authorization letter from the Government or utility under Section 151, challenge the cognizance order for lack of jurisdiction.