Evidentiary Standards for Electricity Theft: Distinguishing Section 135 from Section 126 of the Electricity Act
🔒 For Members Only
Case: M/S. HIMADRI STEEL PVT. LTD. v. JHARKHAND URJA VIKAS NIGAM LIMITED
Court: Supreme Court of India
Date: 12-08-2026
Law: Electricity Act, Constitution of India, Indian Penal Code, Bharatiya Nyaya Sanhita.
Highlights of the Judgment:
- Detailed distinction between civil assessment under Section 126 and criminal liability for theft under Section 135 of the Electricity Act, 2003.
- Analysis of the necessity of establishing mens rea and strict proof for invoking penal provisions relating to theft of electricity.
- Examination of the maintainability of a writ petition under Article 226 against a provisional assessment order where no statutory appeal lies.
- Interpretation of evidentiary standards required in inspection reports and mandatory seizure procedures under electricity supply regulations.