Section 95(1) in The Jammu and Kashmir Electricity Act, 2010
(1)Whoever, dishonestly, -(a)tapes, makes or causes to be made any connection with overhead, underground or underwater lines or cables, or service wires, or service facilities of a licensee or supplied, as the case may be ; or(b)tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted ; or(c)damages or destroys an electric meter, apparatus equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity ; or(d)uses electricity through a tampered meter ; or(e)uses electricity for the purposes other than for which the usage of electricity was authorized,so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both :Provided that in case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use, -(i)does not exceed ten kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times of financial gain on account of such theft of electricity;(ii)exceeds ten kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the sentence shall be imprisonment for a term not less then six months but which may extend to five years and with fine not less than six months the financial gain on account of such theft of electricity :Provided further that in the event of second and subsequent conviction of a person where the load abstracted, consumed or used or attempted abstraction, consumption or use exceeds ten kilowatt, such person shall be debarred from getting any supply of electricity for a period which shall not be less than three months but may extend to two years and shall also be debarred from getting supply of electricity for that period from any other source or generating station :Provided also that if it is provided that any artificial means, or means not authorized by the Government or licensee or supplier, as the case may be, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.
