Supreme Court · 1964 INSC 173 · Decided 24 August 1964

Avtar Singh v. State of Punjab

Court
Supreme Court of India
Citation
1964 INSC 173 · [1965] 1 S.C.R. 103
Case number
CRIMINAL APPEAL No. 42/1963
Decided
24 August 1964
Bench
A.K. SARKAR, K.N. WANCHOO, RAGHUBAR DAYAL (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 379; Electricity Act Section 39

Headnote

AVTAR SINGH v. STATE OF PUNJAB August 24, 1964 (A. K. SARKAR, K. N. WANCHOO AND RAGHUBAR DAYAL JJ.) Indian Electricity Act (9 of 1910), ss. 39 and 50-0fJence under s. 39-1/ against the Act-Who can institute prosecution. The appellant was prosecuted and convicted for theft of electrical energy at the instance of any of lhe persons mentioned in s. 50 of the Act. HELD : The conviction of the appellant must be set aside. The dishonest abstraction of electricity mentioned in s. 39 of the Act cannot be an offence under the Indian Penal Code for under it alone it is not an offence;

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)