Malaysia legislation
Section 40
Section 40
Onus of proof
proof of—
(a)
the existence of artificial means which, either alone or in conjunction with additional artificial means not found, could be used for altering, or facilitating the alteration, of the index of any meter or instrument used for registering the quantity of electricity supplied;
(b)
the existence of artificial means which, either alone or in conjunction with additional artificial means not found, would prevent, or facilitate the prevention of, any meter or instrument from duly registering the quantity of electricity supplied, or would facilitate the dishonest abstraction, consumption, or use of electricity; or
(c)
the fitting of any mechanical or other means to;
(ii)
the absence or removal of any part or connection from; or
(iii)
the interference with any part or connection of, any apparatus in the circumstances that the fitting, absence, removal or interference would prevent or facilitate the prevention of any meter or other instrument from duly registering the quantity of electricity supplied, or would facilitate the dishonest abstraction, consumption or use of electricity,
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shall be prima facie evidence that there has been dishonest alteration of the index of any meter or instrument, or prevention, abstraction, consumption or use of electricity, as the case may be; and
(A)
that the dishonest alteration, prevention, abstraction, consumption or use, as the case may be, has been carried out by—
(a)
the person fitting the artificial, mechanical or any other such part or connection as aforesaid;
(b)
the person removing any such part or connection as aforesaid;
(c)
the person interfering with any such part or connection as aforesaid;
(d)
the consumer using the meter or instrument;
(e)
the person having control of the installation where it is fixed; or
(f)
the occupiers of the premises on which the meter or instrument is installed; or
(B)
that the person or consumer has abetted the offence of the alteration, prevention, abstraction, consumption or use, as the case may be.
Compensation for damage