Theft of electric lines and materials
Section 136 of the Electricity Act, 2003 deals with theft of electric lines and materials. Whoever, dishonestly-- (a) cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located inclu The Act came into force on 10 Jun 2003.
(1) Whoever, dishonestly--
(a) cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain; or
(b) stores, possesses or otherwise keeps in his premises, custody or control, any electric line, material or meter without the consent of the owner, whether or not the act is committed for profit or gain; or
(c) loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner, whether or not the act is done for profit or gain,
is said to have committed an offence of theft of electric lines and materials, and shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(2) If a person, having been convicted of an offence punishable under sub-section (1) is again guilty of an offence punishable under that sub-section, he shall be punishable for the second or subsequent offence for a term of imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine which shall not be less than ten thousand rupees.
Section 136, The Electricity Act, 2003 (Act 36 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
state vs Unknown
Court's Decision & Legal Precedent
Section 136 of the Electricity Act is exclusively triable by the Sessions Court/Special Court, and the power to take cognizance of offences under this section vests exclusively with the Sessions Court/Special Court, not with the Judicial Magistrate First Class. Therefore, a case registered under Section 136 Electricity Act must be committed to the appropriate higher court.
On this section: Section 136 Electricity Act offences are exclusively triable by Sessions Court/Special Court. JMFC lacks jurisdiction to take cognizance of such offences.
-
state vs Unknown
Court's Decision & Legal Precedent
Section 136 of the Electricity Act offences are exclusively triable by Sessions Court or Special Court, and the power to take cognizance vests exclusively with these courts. A JMFC lacks jurisdiction to take cognizance of such offences and must transfer the case to the competent court.
On this section: Section 136 offences are exclusively triable by Sessions Court or Special Court. JMFC lacks jurisdiction to take cognizance of such offences. The court applied this provision to determine that the case must be transferred to the proper forum.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 136
What have the courts held on Section 136 of the Electricity Act?
state vs Unknown (11 Sep 2024) is the leading judgment on this section among those set out below: Section 136 Electricity Act offences are exclusively triable by Sessions Court/Special Court. JMFC lacks jurisdiction to take cognizance of such offences. Another 1 judgment on this section is set out below.
How do I find court cases under Section 136 of the Electricity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 136, section 136 Electricity Act 2003, section 136 of the Electricity Act. People searching for it also type electricity act 136 1 and indian electricity act 136. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with state vs Unknown (11 Sep 2024).
What should I read with Section 136 of the Electricity Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 136 of the Electricity Act come into force?
Section 136 of the Electricity Act, cited as Electricity Act 2003 136, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.