1964 (8) TMI 73 - SC - Indian Laws

Appeal granted in theft of electrical energy case due to prosecution incompetence. Act's provisions apply.

The court allowed the appeal, setting aside the appellant's conviction for theft of electrical energy under Section 39 of the Indian Electricity Act, ... - Issues:1. Interpretation of Section 39 of the Indian Electricity Act, 1910.2. Application of Section 50 of the Indian Electricity Act, 1910.3. Determination of whether the prosecution was for an offense against the Act.4. Analysis of conflicting opinions regarding the nature of the offense under the Act.Analysis:1. Interpretation of Section 39:The appellant was convicted for theft of electrical energy under Section 39 of the Indian Electricity Act, 1910, which deems the dishonest abstraction of energy as theft under the Indian Penal Code. The appellant did not contest committing the theft but argued that his conviction was illegal due to statutory provisions. The court examined various interpretations of Section 39 presented in different cases, emphasizing that the section itself creates the offense of theft by deeming the abstraction of energy as theft under the Indian Penal Code.2. Application of Section 50:Section 50 of the Act states that no prosecution shall be instituted for any offense against the Act except at the instance of specific individuals. The appellant contended that his prosecution was incompetent as it was not established that it was instituted by the specified persons. The court held that the prosecution was for an offense against the Act and thus subject to Section 50, which required it to be initiated by the government, an Electrical Inspector, or a person aggrieved by the offense.3. Prosecution for an offense against the Act:The court determined that the theft of electrical energy, as defined in Section 39, constituted an offense against the Act. The prosecution failed to provide evidence that it was initiated by the required individuals specified in Section 50. The court emphasized that the burden of proving the prosecution was at the instance of the government, an Electrical Inspector, or an aggrieved person lay with the respondent, and without such proof, the prosecution would be deemed incompetent under Section 50.4. Conflicting Opinions on the Nature of the Offense:The judgment addressed conflicting opinions regarding whether the offense of theft under the Indian Electricity Act was an offense against the Act or under the Indian Penal Code. The court upheld the view that the offense was created by the Act itself, making the theft punishable under the provisions of the Act. The court rejected arguments that the offense was solely under the Indian Penal Code, emphasizing that Section 39 of the Act explicitly deems the abstraction of energy as theft, thereby creating the offense under the Act.In conclusion, the court allowed the appeal, setting aside the appellant's conviction based on the interpretation of Sections 39 and 50 of the Indian Electricity Act, 1910, and the determination that the prosecution was for an offense against the Act.