Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 95 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
All proceedings before the Appropriate Commissionshall be deemed to bejudicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Appropriate Commissionshall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
Legal Commentary & Landmark Judgments: Section 95
Section 95 of the Act provides that all proceedings before the Appropriate Commission shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code, and the Commission shall be deemed to be a civil court.
Statutory Judicial Proceeding Status: Confers formal judicial sanctity on all hearings, filings, and depositions conducted before the Commission.
Criminal Penalties for Perjury & False Evidence: Exposes parties who deliberately file false affidavits, fabricated fuel receipts, or manipulated balance sheets to criminal prosecution for perjury under Section 193 IPC / Section 229 BNS.
Civil Court Status for Criminal Procedure Purposes: Deems the Commission to be a civil court for the purposes of Section 345 and Section 346 of the CrPC / Sections 384-385 BNSS, empowering it to punish summary contempt.
Key Landmark Precedents:
Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Supreme Court affirmed that the Commission's proceedings are formal judicial proceedings governed by the solemn rules of judicial evidence.
State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed that deeming the Commission a civil court under Section 95 reinforces the necessity of judicial training for presiding members.
PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that submissions before regulatory commissions carry the full penal accountability of court proceedings.
Courtroom Practice & Strategic Litigation Guidance:
Ensure all factual averments, heat rate statistics, and fuel supply invoices submitted to the Commission are verified by sworn affidavit of an authorized director; filing misleading figures exposes executives to perjury complaints under Section 95.
Legal Commentary & Landmark Judgments: Section 95
Section 95 of the Act provides that all proceedings before the Appropriate Commission shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code, and the Commission shall be deemed to be a civil court.
Ensure all factual averments, heat rate statistics, and fuel supply invoices submitted to the Commission are verified by sworn affidavit of an authorized director; filing misleading figures exposes executives to perjury complaints under Section 95.