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Section 168: Protection of action taken in good faith

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 167 All 185 Sections of Electricity Act Section 169

Legal Commentary & Landmark Judgments: Section 168

Section 168 of the Act provides statutory protection of action taken in good faith, conferring immunity on the Central Government, State Governments, Commissions, and officers for anything done in good faith under the Act.

  • Statutory Good Faith Immunity Shield: Protects regulatory commissioners, electrical inspectors, and government officials from civil damages suits or criminal prosecutions for acts done in discharge of statutory duties.
  • Requirement of Bona Fide Exercise of Authority: Requires that the official act must be performed honestly, without malice, corruption, or proven bad faith, to qualify for immunity.
  • Preservation of Constitutional Writ Review: Does not bar High Courts from exercising Article 226 certiorari review to quash arbitrary, vindictive, or ultra vires tariff orders.
Key Landmark Precedents:
  • State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Supreme Court affirmed that good-faith statutory protection is essential to enable public regulators to make decisive public policy and safety decisions without fear of personal litigation.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that statutory officers acting within the four corners of electricity legislation are shielded from vexatious personal damage claims.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Affirmed that emergency regulatory actions taken to protect public safety are immune from private tortious liability.
Courtroom Practice & Strategic Litigation Guidance:

Frame legal challenges against arbitrary regulatory decisions as petitions under Article 226 demonstrating jurisdictional excess and breach of natural justice; avoid asserting personal damages claims against individual commissioners barred by Section 168.

Section 167 All 185 Sections of Electricity Act Section 169