Legal Question in Criminal Law in India

Criminal Case under sec135 of I.E.Act-2003

If a Criminal Case against a person is booked under sec-135 of Indian Electricity Act-2003 for Theft of Energy under which Three years imprisonment or fine or both can be imposed on such person.

What are the other implications on the person for having got a criminal case against his name for theft of energy such as

1) If he is a government employee can he be suspended as in case of other crimes such as murder, Rape etc.

2) Can he contest Elections

3) Can he be given Passport or if he holds passport, can it be seized

4) Can he or his family members be denied Visa by any country for having indulged in theft of energy, if so by which countries.

you would have understood core point of my question i.e.,apart from the punishments as per the I.E act Section-135, what else can be recommended or what are the other implications that might or will follow the person, some of the doubts being mentioned above. Please eloborate all the issues apart from those mentioned above?


Asked on 4/14/09, 2:59 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Criminal Case under sec135 of I.E.Act-2003

(1) He may be placed under suspension;

(2) there may not be a bar on his contesting elections;

(3) he may enjoy his passport;

(4) there may not adverse affect on his visa or his family's visa

You may suffer criminal prosecution and if the charge is established there may be a jail term.

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Answered on 4/15/09, 3:31 pm
Pranav Desai PD Legal & Associates

Re: Criminal Case under sec135 of I.E.Act-2003

You are generalising things. We request you to please stick to your question on legal aspect.

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Answered on 4/15/09, 5:32 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal Case under sec135 of I.E.Act-2003

1. Check Service Rules.

2. Check Election Rules. Normally, pendency of criminal case does not disqualify a person from contesting election.

3. A new passport is generally not issued during pendency of criminal case. Existing passport can be seized by the order of the court.

4. Visa rules are not uniform for all the countries. Check with concerned embassy.

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Answered on 4/14/09, 3:09 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Criminal Case under sec135 of I.E.Act-2003

you are confusing all acts.

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Answered on 4/15/09, 8:39 am


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