In Brief
The Supreme Court held that electricity distribution authorities can make provisional assessment for loss of energy under Section 126 of the Electricity Act, 2003 even when a criminal complaint for theft of electricity (under Section 135) is simultaneously pending. The Court clarified that 'unauthorized use of electricity' (including theft by meter tampering) is broader than the narrower criminal offence of theft. Civil assessment and criminal prosecution proceed on different standards of proof and can operate in parallel. The High Court erred in restricting assessment power to cases where consumers seek supply restoration. The Court upheld the authorities' right to assess loss and recover assessed amounts independently of criminal outcomes.
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