In the context of the Indian Electricity Act (IEA) 2003, Sections 135 and 126 pertain to different aspects related to theft and pilferage of energy. While both sections address issues of unauthorized use and tampering with electrical installations, they serve different purposes and have distinct provisions. Let's distinguish between Section 135 and Section 126:
Section 135:
- Provision: Section 135 of the IEA 2003 deals with the unauthorized use of electricity, commonly referred to as theft or pilferage of energy.
- Offense: This section specifies that any person who knowingly consumes, tampers with, or alters any meter, apparatus, or equipment used for measuring electricity consumption, with the intent to defraud or cause loss to the utility, is guilty of an offense.
- Penalty: Section 135 prescribes stringent penalties for offenses related to electricity theft. Offenders found guilty of such offenses may be liable for imprisonment for a term extending up to three years, or a fine, or both.
- Utility's Authority: This section empowers the utility to take legal action against individuals or entities engaged in electricity theft, with the support of law enforcement agencies.
- Enforcement: Section 135 provides a legal framework for prosecuting cases of electricity theft and deterring unauthorized consumption by imposing significant penalties on offenders.
Section 126:
- Provision: Section 126 of the IEA 2003 addresses the powers of the State Government to make rules regarding theft or unauthorized use of electricity.
- Scope: This section enables the State Government to formulate rules and regulations to prevent and combat electricity theft, as well as to promote lawful and responsible consumption of electricity.
- Rule-Making Authority: Section 126 grants the State Government the authority to prescribe rules relating to the prevention, detection, investigation, and prosecution of offenses related to electricity theft.
- Administrative Measures: The rules formulated under Section 126 may include administrative measures, enforcement mechanisms, and penalties for addressing instances of electricity theft and pilferage effectively.
- Coordination: Section 126 facilitates coordination between the State Government, utility companies, law enforcement agencies, and other stakeholders in implementing strategies to combat electricity theft and ensure compliance with legal and regulatory requirements.
In summary, while both Section 135 and Section 126 of the IEA 2003 address issues related to theft and pilferage of energy, they serve different purposes and provide distinct provisions. Section 135 defines offenses and penalties for electricity theft, while Section 126 empowers the State Government to formulate rules and regulations to prevent and combat such offenses effectively. Together, these sections contribute to the legal framework for addressing electricity theft and promoting lawful consumption of electricity in India.
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