Section 264 IPC: Fraudulent Use of False Instrument for Weighing

Section 264 of the Indian Penal Code, 1860 dealt with the fraudulent use of a false weighing instrument. The provision required both fraudulent use and knowledge that the instrument was false. This article explains Section 264 as applicable immediately before implementation of the Bharatiya Nyaya Sanhita, 2023.

Pre-BNS legal position: This page explains the Indian Penal Code and Code of Criminal Procedure regime applicable before the new criminal laws came into force. It is intended to preserve and explain the earlier statutory position for historical cases, legal research and reference.

Text of Section 264 IPC

Meaning of Section 264 IPC

Section 264 was contained in Chapter XIII of the IPC, titled "Of Offences Relating to Weights and Measures." Its object was to punish the fraudulent use of an instrument for weighing when the person using it knew that the instrument was false.

The section did not make every inaccurate weighing instrument an IPC offence by itself. The statutory language required the instrument to be used fraudulently, and the person using it had to know that it was false. These mental elements were therefore important to liability under the section.

Essential Ingredients of Section 264 IPC

For the conduct to fall within Section 264, the following statutory elements were relevant:

  • there was an instrument used for weighing;
  • the instrument was false;
  • the accused used that instrument;
  • the accused knew that the weighing instrument was false; and
  • the instrument was used fraudulently.

The prosecution therefore had to establish more than a mere discrepancy in weight. The wording of the section expressly required fraudulent use together with knowledge of the falsity of the instrument.

Meaning of Fraudulently Under Section 25 IPC

Section 25 of the Indian Penal Code defined the expression "fraudulently." It provided that a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

This definition was directly relevant to Section 264 because the offence expressly required the false weighing instrument to be used fraudulently. Accordingly, the nature of the use, the accused's knowledge and the intention accompanying that use were material considerations.

What Is a False Instrument for Weighing?

Section 264 itself did not contain a separate technical definition of every type of weighing instrument. In the context of the provision, the relevant question was whether the instrument used for weighing was false and whether the accused knew of that falsity when using it fraudulently.

The provision should also be distinguished from the neighbouring IPC sections dealing with false weights and measures, possession of false weighing instruments or measures, and making or selling such articles.

Punishment Under Section 264 IPC

A person convicted under Section 264 could be punished with imprisonment of either description for a term extending up to one year, or with fine, or with both.

Section 264 IPC at a glance
  • Offence: Fraudulent use of a false instrument for weighing.
  • Maximum imprisonment: One year.
  • Fine: Permitted.
  • Both imprisonment and fine: Permitted.

CrPC Classification Before BNSS

ParticularClassification
OffenceFraudulent use of false instrument for weighing
PunishmentImprisonment up to 1 year, or fine, or both
Cognizable or non-cognizableNon-cognizable
Bailable or non-bailableBailable
Court competent to tryAny Magistrate
CompoundableNon-compoundable

Difference Between Sections 264, 265, 266 and 267 IPC

Sections 264 to 267 formed a connected group of offences relating to weights and measures, but each provision addressed different conduct:

IPC SectionSubject
Section 264Fraudulent use of a false instrument for weighing
Section 265Fraudulent use of a false weight or measure
Section 266Possession of a false weighing instrument, weight or measure with the knowledge and intention specified by the section
Section 267Making, selling or disposing of a false weighing instrument, weight or measure in the circumstances specified by the section

Section 264 IPC and Legal Metrology Law

Section 264 IPC was a criminal provision directed specifically at fraudulent use of a false weighing instrument with knowledge of its falsity. Regulatory requirements concerning weights and measures could also arise under specialised weights and measures or legal metrology legislation. The applicability of any such law depended on the relevant period, conduct and statutory requirements.

For a prosecution specifically under Section 264 IPC, however, the ingredients of Section 264 itself had to be established.

Frequently Asked Questions

What was Section 264 IPC?

Section 264 IPC punished fraudulent use of an instrument for weighing when the person using it knew that the instrument was false.

Was mere use of an inaccurate weighing instrument enough?

The language of Section 264 required more than mere use. It expressly required fraudulent use and knowledge that the instrument was false.

What was the maximum punishment under Section 264 IPC?

The maximum imprisonment was one year. The court could impose imprisonment, fine, or both.

Was Section 264 IPC cognizable?

No. Under the First Schedule to the Code of Criminal Procedure, 1973, the offence was non-cognizable.

Was Section 264 IPC bailable?

Yes. The offence was classified as bailable under the pre-BNSS criminal procedure regime.

Which court could try a Section 264 IPC case?

The offence was triable by any Magistrate under the CrPC First Schedule.

Important Note on the Change in Criminal Law

The Indian Penal Code, 1860 was replaced for the new criminal-law regime when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This page deliberately explains Section 264 IPC as it stood before that transition. The law applicable to a particular case should be determined with reference to the date of the alleged conduct and the applicable saving and transitional provisions.