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Section 175: Provisions of this Act to be in addition to and not in derogation of other laws

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 2003
Section 174 All 185 Sections of Electricity Act Section 176

Legal Commentary & Landmark Judgments: Section 175

Section 175 of the Electricity Act, 2003 provides that the provisions of this Act are in addition to and not in derogation of any other law for the time being in force, establishing the principle of statutory harmony.

  • Cumulative Statutory Operation: Clarifies that the remedies and powers under the Electricity Act operate concurrently alongside other general laws (e.g., Indian Penal Code, Contract Act, Consumer Protection Act) unless there is direct inconsistency.
  • Harmonious Construction Mandate: Requires courts to read the Electricity Act harmoniously with environmental, corporate, and civil laws to advance broader public policy.
  • Interplay with Section 174 Overriding Clause: Operates in tandem with Section 174: where two laws can stand together, both apply under Section 175; where an irreconcilable conflict arises, Section 174 gives overriding supremacy to the Electricity Act.
Key Landmark Precedents:
  • Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court held that Section 175 permits concurrent application of other laws only where there is no inconsistency; where inconsistency arises, Section 174 overrides the other law completely.
  • Suresh Jindal v. BSES Rajdhani Power Ltd. (2008) 1 SCC 341: Supreme Court affirmed that Section 175 allows police powers under the Code of Criminal Procedure to operate alongside specialized electricity theft provisions.
  • M.P. Electricity Board v. Shail Kumari (2002) 2 SCC 162: Affirmed that general tortious principles of strict liability apply concurrently under Section 175.
Courtroom Practice & Strategic Litigation Guidance:

In electricity disputes involving general criminal law (e.g., IPC/BNS cheating or forgery charges in billing scams), cite Section 175 to establish that police investigations under general penal law are fully maintainable alongside regulatory proceedings under the Act.

Section 174 All 185 Sections of Electricity Act Section 176