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;
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)