Distinguish between section 135 and 126 in the context of IEA 2003 dealing with theft/pilferage of energy.

Section 135 and Section 126 of the Electricity Act, 2003 (IEA 2003) address different aspects of theft and pilferage of energy, providing legal mechanisms to tackle such offenses. Here's a distinction between the two sections:

1. Section 135: Offenses by Electricity Companies, etc.:

   • Scope: Section 135 primarily deals with offenses committed by electricity companies, licensees, or their employees, such as tampering with meters, theft of electricity, unauthorized reconnection of supply, or any other act prejudicial to the interest of consumers or the public.
   • Penalties: Offenses under Section 135 are considered serious violations of the Electricity Act and are subject to stringent penalties, including imprisonment and fines. Individuals found guilty of committing offenses under this section may face imprisonment for up to three years and/or fines, while companies may face fines.
   • Legal Proceedings: Prosecution under Section 135 requires authorization from the appropriate government authority or a complaint filed by the electricity company or licensee affected by the offense. Legal proceedings are initiated in accordance with the Code of Criminal Procedure (CrPC) before a judicial magistrate of the first class or a metropolitan magistrate.
   • Burden of Proof: In cases under Section 135, the burden of proof lies with the prosecution to establish the guilt of the accused beyond a reasonable doubt. The prosecution must provide evidence demonstrating that the accused committed the offense with intent or knowledge.
   • Judicial Process: Legal proceedings under Section 135 involve a trial before a judicial magistrate, where both the prosecution and defense present their respective cases. The magistrate evaluates the evidence and arguments presented before delivering a verdict based on the merits of the case.

2. Section 126: Penalty for the Theft of Electricity:

   • Scope: Section 126 specifically addresses the theft of electricity by any person, including consumers, non-consumers, or any other individual who unlawfully taps or causes to be tapped any electric line or works meter tampering.
   • Penalties: Offenses under Section 126 attract severe penalties, including imprisonment and fines. Individuals found guilty of stealing electricity may face imprisonment for up to three years and/or fines, depending on the severity of the offense.
   • Legal Proceedings: Unlike Section 135, which requires authorization or a complaint from the electricity company or licensee, Section 126 empowers police officers or other authorized officers to arrest without a warrant any person reasonably suspected of committing theft of electricity.
   • Burden of Proof: In cases under Section 126, the burden of proof lies with the prosecution to establish the accused's guilt beyond a reasonable doubt. The prosecution must provide evidence demonstrating that the accused unlawfully tapped or caused to be tapped any electric line or works meter tampering.
   • Judicial Process: Legal proceedings under Section 126 may involve arrest and investigation by police officers or authorized officers. Once sufficient evidence is gathered, the case may be brought before a court for trial, where the accused has the opportunity to defend against the charges.

In summary, while both Section 135 and Section 126 of the Electricity Act, 2003 address offenses related to theft and pilferage of energy, they differ in terms of scope, penalties, legal proceedings, burden of proof, and the role of law enforcement authorities. These provisions collectively aim to deter theft and pilferage of electricity, safeguard the interests of consumers and utilities, and ensure the integrity and reliability of the electricity supply system.