Section 38 in The Jammu and Kashmir Electricity Act, 1997 (1940 A.D.)
38. [ Theft of energy. [Substituted and Inserted by Act VI of 2005, Section 4, w.e.f. 17-1-2005.]
(1)Whoever, dishonestly, -(a)taps, makes or causes to be made any connection with overhead, underground to underwater lines or cables, or service wires, or service facilities of a licensee;(b)tampers a meter, installs or use 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(c)damages or destroys an electric meter, apparatus, 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 so as to abstract or consume or use electricity, shall be punishable with imprisonment for a term which extend to three years or with fine or with both:Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use-(i)does not exceed one kilowatt, the fine imposed on first conviction shall be flat rat charges of three months of connected load on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall be flat rate charges of six months connected load on account of such theft of electricity.(ii)exceed 1 (one) kilowatt the fine imposed on first conviction shall be flat rate charge of three months connected load on account of such theft of electricity and in event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months but which extend to three years and with fine of flat rate charges of six months connected load on account of such theft of electricity:Provided further if it is proved that any artificial means or means not authorised by the licensee, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that such abstraction, consumption or use of electricity has been dishonesty caused by such consumer:Provided also that the penalty of fine shall not bar the punishment of imprisonment as provided hereinbefore.(2)Any officer authorised in this behalf by the Government may,-(a)enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been, is being, or is likely to be, used un-authorisedly;(b)search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been , is being, or is likely to be, used for unauthorized use of electricity;(c)examine or seize any books of account or documents which in his opinion shall be useful for, or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.(3)The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list:Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises or otherwise lawfully present in such premises.(4)For purposes of the aforesaid provisions, the authorised officer or any other officer may be conferred with the powers of an Executive Magistrate by the Government by notification in the Government Gazette.(5)Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure, Samvat 1989, relating to search and seizure shall apply, as far as may be, to searches and seizure under the Act."]
