Electricity Act, 2003, Section 126 and Section 135

Electricity Act, 2003—Section 126 and Section 135—Difference between—Held, Section 126 covers cases of malpractices and unauthorized use of electricity. It does not speak of any criminal intendment and is primarily an action and remedy available under the civil law. It does not have features or elements which are traceable to the criminal concept of mens rea—Whereas Section 135 deals with cases where there is dishonest abstraction of electricity by any of the methods enlisted under Section 135 of the 2003 Act. It squarely falls within the dimensions of Criminal Jurisprudence and mens rea is one of the relevant factor to find out whether provisions of Section 135 are attracted or not in a given case.

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