IPC Sections 264 to 267: Offences Relating to Weights and Measures
Chapter XIII of the Indian Penal Code, 1860 dealt with offences involving false weighing instruments, false weights and false measures. This article explains Sections 264, 265, 266 and 267 and their classification under the criminal law applicable immediately before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Historical-law scope: The provisions below describe the IPC and Code of Criminal Procedure, 1973 position immediately before 1 July 2024. They are retained here for matters in which the earlier law remains relevant.
Meaning and scope of offences relating to weights and measures
Sections 264 to 267 IPC targeted dishonest conduct involving instruments for weighing and measures of weight, length or capacity. The provisions distinguish between fraudulent use, possession with the required knowledge and intention, and making or supplying a false instrument, weight or measure for use as genuine.
Section 264 IPC - Fraudulent use of false instrument for weighing
Section 264 applied where a person fraudulently used an instrument for weighing while knowing that the instrument was false. The essential ideas are fraudulent use and knowledge of falsity. The prescribed punishment was imprisonment of either description for a term extending to one year, or fine, or both.
Section 265 IPC - Fraudulent use of false weight or measure
Section 265 covered fraudulent use of a false weight or a false measure of length or capacity. It also covered fraudulent use of a weight or measure as though it were a different weight or measure from what it actually was. The punishment could extend to one year of imprisonment, or fine, or both.
Section 266 IPC - Being in possession of false weight or measure
Section 266 addressed possession of an instrument for weighing, a weight, or a measure of length or capacity which the person knew to be false, together with the intention that it be fraudulently used. Mere physical possession was therefore not the complete statutory description; knowledge and the required fraudulent intention were material. Punishment could extend to one year of imprisonment, or fine, or both.
Section 267 IPC - Making or selling false weight or measure
Section 267 applied to a person who made, sold or disposed of an instrument for weighing, weight, or measure of length or capacity known to be false, in order that it be used as true or with knowledge that it was likely to be used as true. The punishment could extend to one year of imprisonment, or fine, or both.
Classification of offences under IPC Sections 264 to 267
| Section | Offence | Punishment | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 264 IPC | Fraudulent use of false instrument for weighing | Imprisonment up to 1 year, or fine, or both | Non-cognizable | Bailable | Any Magistrate |
| 265 IPC | Fraudulent use of false weight or measure | Imprisonment up to 1 year, or fine, or both | Non-cognizable | Bailable | Any Magistrate |
| 266 IPC | Possession of false weights or measures for fraudulent use | Imprisonment up to 1 year, or fine, or both | Non-cognizable | Bailable | Any Magistrate |
| 267 IPC | Making or selling false weights or measures for fraudulent use | Imprisonment up to 1 year, or fine, or both | Cognizable | Non-bailable | Any Magistrate |
Practical distinction between Sections 264 to 267
Section 264 concerned a false weighing instrument; Section 265 focused on fraudulent use of a false weight or measure; Section 266 dealt with knowing possession coupled with an intention of fraudulent use; and Section 267 addressed making, selling or disposing of false weighing instruments, weights or measures with the specified knowledge or purpose.