Compounding of offences
Section 152 of the Electricity Act, 2003 deals with compounding of offences. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity The Act came into force on 10 Jun 2003.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way ofcompounding of the offence as specified in the Table below:
TABLE
Nature of Service Rate at which the sum of money for compounding to be collected per Kilowatt (KW)/Horse Power (HP) or part thereof for Low Tension (LT) supply and per Kilo Volt Ampere (KVA) of contracted demand for High Tension (HT)
(1) (2) 1. Industrial Service twenty thousand rupees;
2. Commercial Service ten thousand rupees;
3. Agricultural Service two thousand rupees;
4. Other Services four thousand rupees:
Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above.
(2) On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court.
(3) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of 1974).
(4) The compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer.
Section 152, The Electricity Act, 2003 (Act 36 of 2003).
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.
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Rahdey Shyam Bansal v. B.S.E.S. Rajdhani Power Ltd.
Court's Decision & Legal Precedent
Electricity Act s.152 compounding is discretionary ("may accept") and requires acceptance by the Appropriate Government or authorised officer; unlike MV Act s.200 as read in P. Ratnakar Rao, an accused cannot compel compounding merely by tendering the table fee. Insistence on discharging the theft bill as a precondition to accepting compounding fee is not illegal. Application filed before the Special Judge for forced compounding was rightly dismissed.
On this section: s.152 compounding — discretionary acceptance by authorised officer; not court-compellable on tender of fee alone
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.
Made under this section, and citing it
4 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Appointing an authorized officer to accept the amount of money for the provision of power offenses under the Madhya Pradesh Electricity Act, 2003.(Modification)Notification 2007
- Delegation of the powers of the Telegraph Officer for the transmission / distribution of electricity in the jurisdiction of the licensed company.Notification 2007
- Revision of notification no. 4502-13-2004 dated July 30, 2004Notification 2007
- Inspecting Officer, Assessing Officer and Compounding Officer under under Sections 126, 135 & 152 Electrcity Act 2003Notification 2003
Another 3 instruments name this provision in its title or its text without being made under it.
- CSERC (Redressal of Grievances of the Consumers) Regulations, 2023.Regulation 2023
- Delhi Electricity Regulatory Commission (Forum for Redressal of Grievances of the Consumers and Ombudsman) Regulations, 2018Regulation 2018
- The Himachal Pradesh Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2013Regulation 2013
Questions about Section 152
What have the courts held on Section 152 of the Electricity Act?
Rahdey Shyam Bansal v. B.S.E.S. Rajdhani Power Ltd. (18 Feb 2008) is the leading judgment on this section among those set out below: s.152 compounding — discretionary acceptance by authorised officer; not court-compellable on tender of fee alone.
How do I find court cases under Section 152 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 152, section 152 Electricity Act 2003, section 152 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rahdey Shyam Bansal v. B.S.E.S. Rajdhani Power Ltd. (18 Feb 2008).
What should I read with Section 152 of the Electricity Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there are 4: most recently Appointing an authorized officer to accept the amount of money for the provision of power offenses under the Madhya Pradesh Electricity Act, 2003.(Modification) (2007), then Delegation of the powers of the Telegraph Officer for the transmission / distribution of electricity in the jurisdiction of the licensed company. (2007), and 2 more.
When did Section 152 of the Electricity Act come into force?
Section 152 of the Electricity Act, cited as Electricity Act 2003 152, 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.