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Section 153: Constitution of Special Courts

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 152 All 185 Sections of Electricity Act Section 154

Legal Commentary & Landmark Judgments: Section 153

Section 153 of the Act provides for the constitution of Special Courts by the State Government, empowering the Government to designate one or more Courts of Session as Special Courts to ensure speedy trial of offenses under Sections 135 to 140 and Section 150.

  • Designation of Sessions Courts as Special Courts: Authorizes the State Government, with the concurrence of the High Court, to designate Sessions Judges or Additional Sessions Judges as Special Courts.
  • Exclusive Territorial & Subject-Matter Jurisdiction: Vests exclusive trial jurisdiction in the Special Court over all electricity theft, infrastructure damage, and abetment offenses within its designated district.
  • Speedy Trial Mandate: Eliminates magisterial committal delays by enabling Special Courts to take direct cognizance of offenses without committal.
Key Landmark Precedents:
  • Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Supreme Court affirmed that Special Courts constituted under Section 153 possess specialized jurisdiction to adjudicate both criminal guilt and civil liability in a single unified proceeding.
  • BSES Rajdhani Power Ltd. v. Brij Mohan (2015) 15 SCC 353: Affirmed that Special Courts function with the plenary trial powers of a Court of Session under the Code of Criminal Procedure.
  • Suresh Jindal v. BSES Rajdhani Power Ltd. (2008) 1 SCC 341: Supreme Court held that Special Courts ensure fast-track resolution of electricity theft prosecutions.
Courtroom Practice & Strategic Litigation Guidance:

Trial counsel must note that Special Courts take direct cognizance under the Electricity Act; bail applications, discharge petitions, and trial proceedings must be filed directly before the designated Additional Sessions Judge (Electricity) under Section 153.

Section 152 All 185 Sections of Electricity Act Section 154