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Supreme Court of India 2018-01-22 allowed

Suresh Ganpati Halvankar vs State of Maharashtra & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A consumer was prosecuted for offences under both Section 135 (theft of electricity) and Section 138 (maliciously injuring electric meters) of the Electricity Act. The High Court compounded the Section 135 offence but refused to compound the Section 138 offence, reasoning it did not directly relate to theft. The Supreme Court held that Section 152, which permits compounding of 'an offence of theft', should be read as applying to 'any' offence relating to theft of electricity. Since Section 138 offences (meter tampering/injury) indirectly facilitate electricity theft, they too can be compounded. The Court set aside the High Court's judgment and allowed the appeal.

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Electricity Act Offences Against Property Criminal Procedure Compounding of Offences

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