Whether amendment made to electricity Act is applicable to pending cases

Supreme Court: Dealing with a pivotal question of law that whether the amendment in Section 151 of the Electricity Act, 2003, which empowers the Court to take cognizance of an offence upon a report made by the police under Section 173 of CrPC, would be applicable to the pending complaints filed before the aforesaid amendment, the division bench of Hon’ble K.S. Radhakrishnan and A.K. Sikri, JJ answered in affirmative. The appellant had contended that the proviso to
Section 151 as well as provisions contained in Section 151(A) and 151(B) of the Electricity Act are substantive provisions which could operate only prospectively i.e. the date on which the amendment was notified and could not have retrospective operation and that the same had been opined by various High Courts. The Court rejecting the contention held that the amendment brought in was clarificatory in nature and as such it would take into its ambit even the pending matters and in that sense it would be a retrospective amendment. [Vishal Agrawal v. Chhattisgarh State Electricity Board, Criminal Appeal No.275 of 2014, decided on January 29, 2014]1

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 275 of 2014 (Arising out of Special Leave Petition (Criminal) No. 4857 of 2008)

Decided On: 29.01.2014

Appellants: Vishal Agrawal and Anr.
Vs.
Respondent: Chhattisgarh State Electricity Board and Anr.

Hon'ble Judges/Coram:K.S. Panicker Radhakrishnan and A.K. Sikri, JJ.

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