TNB Meter Tampering Claims in Malaysia: The Law and Your Next Steps

What counts as meter tampering under Malaysian law?

Meter tampering means any dishonest interference that makes a meter record less electricity than is actually used, or that lets electricity be taken around the meter. The main offence is in section 37(3) of the Electricity Supply Act 1990. It covers anyone who dishonestly:

• abstracts, consumes or uses electricity;
• alters the index (the reading) of a meter; or
• prevents a meter from duly recording the electricity supplied.

Two related offences are often mentioned in TNB notices. Section 37(1) deals with tampering with an installation in a way that endangers life, limb or property. Section 37(14) deals with damaging or removing a meter.

Typical findings include broken or missing seals, a bypass cable or extra circuit before the meter, and a clamp or device inside the meter.

The word dishonestly matters. A meter that is simply faulty or misread is not an offence. Those problems are handled as bill adjustments under the Licensee Supply Regulations 1990, which limit how far back TNB can adjust. Whether TNB treats your case as tampering or as a fault therefore changes both your risk and the size of the bill. Sabah and Sarawak have their own electricity laws.

What are the penalties for meter tampering after the 2015 amendments?

The penalty under section 37(3) depends on whether the premises are domestic or non-domestic and whether it is a repeat offence. The tiers came in with the 2015 amendments and are still cited by the Energy Commission in 2026.

Figures such as RM500,000 are sometimes quoted, but the range for a first offence at business premises is RM20,000 to RM1 million. The court sets the sentence within it.

• Tampering that endangers life or property under section 37(1) carries a fine of up to RM1 million, up to 10 years in prison, or both.
• Where a company offends, section 37A makes its directors and officers liable too, unless they prove it happened without their knowledge and that they exercised due diligence.

If you are being investigated, our criminal litigation team can advise before you give a statement.

Does the law presume that the occupier tampered with the meter?

In a criminal case, yes, to a limited extent. Section 40 of the Electricity Supply Act 1990 says that in a prosecution under section 37(3), proof of a tampering device, or of interference with any part or connection of the meter or installation, is prima facie evidence of two things: that electricity was dishonestly used or the meter was stopped from recording, and that this was done by one of the following people:

• the person who fitted, removed or interfered with the part or connection;
• the consumer using the meter;
• the person in control of the installation; or
• the occupiers of the premises where the meter is installed.

Prima facie evidence is enough unless it is answered, but it is not conclusive. An occupier can rebut it, for example with evidence that the meter is in a common area others can reach, that they moved in after the device was fitted, or that their consumption did not drop.

The civil claim works differently. TNB does not need to prove who tampered. In Thomas Thomas @ Mohan a/l K Thomas v Tenaga Nasional Berhad [2017] MLJU 70, the Court of Appeal held the registered consumer, a landlord, liable for the loss although he blamed his tenant. His remedy was a separate claim against the tenant.

Can TNB claim money from you even if no one is charged?

Yes. Under section 38(3) of the Act, TNB may require the consumer to pay for the loss of revenue caused by an offence under section 37(1), (3) or (14), together with reasonable expenses, including the cost of reconnection as directed by the Energy Commission. The Court of Appeal confirmed in Tenaga Nasional Bhd v Mayaria Sdn Bhd [2019] 2 MLJ 801 that a criminal conviction is not needed before TNB can make this claim.

The claim is made by a written statement under section 38(4) stating the amount, how it was calculated, and who is liable. It is prima facie evidence of the amount payable, and if unpaid, section 38(5) lets TNB sue for it.

• Unless TNB goes to court, the claim cannot cover more than six months before the offence was discovered.
• Where supply was disconnected, the statement must be notified within 14 working days after disconnection, unless the Energy Commission extends this in writing.

A longer claim must be proved in court. In March 2026 the Klang Sessions Court awarded TNB about RM476,000 for roughly ten months, finding a company's bare denial did not rebut TNB's statement. Our article on disputing a TNB back-billing claim explains the calculation and defences in detail.

What should you do when TNB inspectors arrive?

Stay calm, cooperate without admitting anything, and make your own record. TNB's photographs and inspection notes will be its main evidence later, so yours matter too.

1. Ask to see each officer's identification and note their names, the time and the purpose of the visit.
2. Call a witness, such as a family member, a neighbour, the building manager or the staff member in charge.
3. Photograph and video the meter, seals and wiring before anything is removed or replaced. Keep the original files with their date data.
4. Do not touch or remove anything, and do not obstruct the officers.
5. Do not guess about who installed the wiring or when. Short, factual answers are enough.
6. Read any form before signing. You can sign only to acknowledge receipt, or note that you do not admit its contents. Do not sign an admission or payment undertaking you disagree with.
7. Ask for copies of the inspection report, any notice, and details of any meter removed for testing, including where it will be tested and whether you may attend.

If a notice of disconnection is left with you, act at once: the notice period may be only 48 hours.

What should you do in the days after the inspection?

Act quickly on three fronts: disconnection, the money claim, and any criminal investigation.

Section 38(1) requires TNB to inform the Energy Commission within three working days of its finding and to give at least 48 hours' notice before cutting supply. If the Commission finds no offence, supply must be reconnected immediately. The Federal Court held in Tenaga Nasional Bhd v Chew Thai Kay [2022] 2 CLJ 333 that TNB cannot disconnect once the tampered meter has been rectified or replaced, and the Court of Appeal in Mayaria held that disconnection cannot be used to pressure a consumer into paying. An unlawful notice may be stopped by an urgent court injunction.

On the money claim, gather evidence early:

• bills for at least two years before the inspection;
• tenancy agreements and the date you took over the premises;
• records of electricians who worked on the wiring;
• business records explaining changes in consumption; and
• CCTV footage and your inspection photographs.

Reply in writing to any written statement and ask for the full calculation. Do not sign a payment arrangement before it is reviewed: in a 2025 Shah Alam High Court case, a company that agreed a payment arrangement could not later recover what it paid. Take advice before giving any statement to investigators. Our civil and commercial disputes team reviews TNB notices and statements at a consultation.