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Section 155: Special Court to have powers of Court of session

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 154 All 185 Sections of Electricity Act Section 156

Legal Commentary & Landmark Judgments: Section 155

Section 155 of the Act provides that the Special Court shall have all the powers of a Court of Session, and the person conducting a prosecution before it shall be deemed to be a Public Prosecutor.

  • Conferment of Full Sessions Court Powers: Equips the Special Court with plenary powers under the Code of Criminal Procedure / BNSS regarding bail, discharge, framing of charges, trial procedure, and sentencing.
  • Public Prosecutor Representation: Requires prosecutions before the Special Court to be conducted by a duly appointed Public Prosecutor or Special Public Prosecutor.
  • Procedural Sanctity & Due Process: Ensures that accused individuals tried for electricity offenses enjoy all constitutional safeguards governing serious criminal trials.
Key Landmark Precedents:
  • Executive Engineer, Southern Electricity Supply v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Supreme Court affirmed that Section 155 guarantees that trials before Special Courts adhere strictly to the procedural rigor of Sessions trials.
  • BSES Rajdhani Power Ltd. v. Brij Mohan (2015) 15 SCC 353: Affirmed that Special Courts exercise plenary powers of a Court of Session in evaluating criminal evidence.
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Affirmed that statutory special courts must maintain full criminal trial standards.
Courtroom Practice & Strategic Litigation Guidance:

File regular bail applications directly before the Special Court under Section 439 CrPC / Section 483 BNSS; as a Court of Session under Section 155, the Special Court possesses direct jurisdiction to grant bail without prior magistrate rejection.

Section 154 All 185 Sections of Electricity Act Section 156