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New Delhi 3 March 2011

Press Release


Factory owner gets 1 year Rigorous Imprisonment for power theft, fined Rs 30 lakh



for default of payment of fine


Power thieves are a bane to the society. Increasingly, the Courts are awarding them heavy penalties and Jail terms – even Rigorous Imprisonment. Giving a strong signal to power-thieves, the Special Court of Electricity, Dwarka, has sentenced owner of a mid-sized industrial unit to 1 year Rigorous Imprisonment (RI). In another case, a Housewife in West Delhi’s Janakpuri has been sentenced to 3 months simple imprisonment (SI).


Case of Mr Kuldeep – Khasra No 76, Plot No 36/24 Ranhola Village, (1 year jail, fined Rs 13 lakh+ penalty of Rs 17.36 lakh)


Mr Kuldeep, owner of a mid-sized industrial unit (manufacturing PVC gulla’s) was convicted of power theft and sentenced to 1 year Rigorous Imprisonment (RI) by the Special Court of Electricity, Dwarka. The total fine and civil liability imposed on the accused is Rs 30.38 lakh.


The order says, “For the foregoing reasons, complainant has brought home the charge against the accused beyond reasonable doubt. Accused is accordingly convicted u/s 135 of the Electricity Ac, 2003”.


Order also says, “Keeping in view all the facts and circumstances, I am of the considered view that the convict be sentenced to RI for a period of one year and fine…..”


The Order says, “In view of the above, fine of Rs 13.02 lakh is imposed upon the convict u/s 135 of the Electricity Act, 2003. In default of payment of fine convict shall undergo SI for three months…”


Additionally, the Order also imposes a Civil Liability on the accused. “….Civil Liability is accordingly determined at Rs 17.36 lakh against the convict”.


During the trial, the accused denied the “allegations” of direct-theft on two main grounds: (i) Firstly, he said that though the premises was owned by him, no inspection was carried-out (ii) Secondly, he claimed that the premises had been rented to one Mr Pooran Chand.


During the course of the trial, both of his arguments were demolished. Firstly, BSES’ legal team could effectively prove the accused’ linkages to the premises. Secondly, Mr Pooran Chand effectively proved that he was not a tenant and established that the rent agreement presented by the accused was infact “false and fabricated” to involve him in the case.







Earlier a BRPL inspection had found the premises running on over 55 KW of stolen electricity by hooking from the nearby BSES LV Mains. No meter was found at site. In accordance of the electricity rules, a penalty of Rs 21.70 lakh was imposed on the accused. He had pleaded not guilty and had claimed trial.


Case of Mrs Kismat Devi - resident of B 138 Janakpuri, Uttam Nagar (fined Rs 2.36 lakh/ 3 months jail)


Mrs Kismat Devi, a tenant in West Delhi’s Janakpuri, has been convicted for power theft u/s 135 of the Indian Electricity Act, 2003, by the Special Court of Electricity, Dwarka, and fined Rs 2.36 lakh. Since she did not deposit the fine, she has been sentenced to jail for 3 months.


The order says, “In default of payment of fine, convict shall undergo Simple Imprisonment (SI) for three months”. The order also states “…Since the convict is also liable to pay the civil liability as determined u/s 154 (5) of the Electricity Act, 2003, I deem it appropriate that out of the fine amount, if realized; amount of Rs 1,57,421 shall be paid to the complainant….”.


Earlier in January 2008, a BSES Rajdhani Power Limited (BRPL) enforcement team had found Mrs. Kismat Devi stealing over 8 KW’s of electricity by hooking from the nearby BSES LV Mains. A by-passed meter was also found at site. A penalty of Rs 1.57 lakh was imposed on the accused.


According to a BSES spokesperson, “Since January, the Electricity Courts at Dwarka and Saket have convicted 15 persons for power-theft and imposed fines and penalties of over Rs 1.2 crore”.



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