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Electricity Act, 2003 · Chapter XIV: Offences and Penalties

Section 151: Cognizance of offences

No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by the Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose.

[Provided that the court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974):

Provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.]

State amendments to this section

Karnataka

Substitution of section 151.—For section 151 of the Electricity Act, 2003 (Central Act 36 of 2003), the following shall be substituted, namely:—

"151. Institution of prosecution.—No prosecution, shall be instituted against may person for any offence under this Act or any rule, regulation, licence or order made or issued there under, except at the instance of the State Government or a licencee or a generating company under the Act or an officer authorised in this behalf by the State Government or a licencee or a generating company or by any person affected by the act alleged to constitute the offence."

[Vide Karnataka Act 12 of 2006, s. 2]

Maharashtra

Substitution of section 151 of Act 36 of 2003.—-For section 151 of the Electricity Act, 2003 (36 of 2003), in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), the following section shall be substituted, namely:—

"151. Cognizance of offences.—No court shall take cognizance of an offence punishable under this Act except,—

(a) upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or a licensee or the generating company, as the case may be, for this purpose; or

(b) upon a police report of facts which constitute an offence:

Provided that, such police report is based on the First Information Report filed a person who is authorised to file a complaint under clause (a).

[Vide Maharashtra Act 36 of 2005, s. 2]

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 151