Section 266 IPC: Being in Possession of False Weight or Measure

Section 266 of the Indian Penal Code, 1860 dealt with possession of a false weighing instrument, weight, or measure where the person knew it was false and intended that it be fraudulently used. This article explains the provision as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024.

Text of Section 266 IPC

Legislative note: The word "and" appearing in the earlier text was omitted by Act 42 of 1953, section 4 and the Third Schedule.

Meaning of Section 266 IPC

Section 266 did not punish innocent possession of an inaccurate object merely because it was found with a person. The provision required a combination of possession, knowledge and fraudulent intention. The prosecution therefore had to establish that the accused possessed the relevant instrument, weight or measure, knew that it was false, and intended that it should be used fraudulently.

Essential Ingredients of the Offence

1. Possession: The accused must have been in possession of an instrument for weighing, a weight, or a measure of length or capacity.
2. Falsity: The instrument, weight or measure must have been false or inaccurate in the legally relevant sense.
3. Knowledge: The accused must have known that the instrument, weight or measure was false.
4. Intention of fraudulent use: The accused must have intended that the false instrument, weight or measure be fraudulently used.

The mental elements are important. Mere physical custody, without proof of knowledge and the required fraudulent intention, does not by itself reproduce all the ingredients stated in Section 266.

Punishment and Classification

What Does "False Weight or Measure" Cover?

The language of Section 266 extended to an instrument for weighing, a weight, and a measure of length or capacity. The focus of the offence was not simply whether an object differed from a standard, but whether the accused knew it was false and possessed it with the intention that it be used fraudulently.

Difference Between Sections 264, 265, 266 and 267 IPC

Section 266 IPC and the Legal Metrology Act, 2009

Before the BNS came into force, regulation of weights and measures was also governed by the Legal Metrology Act, 2009. Depending on the facts, that Act contained separate provisions concerning use or keeping for use of non-standard weights or measures, alteration of weights or measures, transactions contrary to prescribed standards, and use of unverified weights or measures. The precise provision applicable depended on the conduct alleged and the statutory ingredients of the particular offence.

For example, Section 25 of the Legal Metrology Act addressed use or keeping for use of a weight or measure otherwise than in accordance with statutory standards, while Section 26 addressed specified alteration or tampering intended to deceive. These provisions should not be treated as automatically identical to Section 266 IPC because their statutory wording and ingredients differ.

Illustrative Application

If a trader knowingly keeps a manipulated weight in the shop with the intention that it be used to deceive customers in future transactions, the facts may engage the elements described in Section 266. By contrast, if an inaccurate weight is present without proof that the person knew it was false or intended fraudulent use, the specific mental elements required by Section 266 would still have to be proved.

Important Evidentiary Questions

In a prosecution under Section 266, relevant questions could include who had possession or control of the instrument, whether testing established that it was false, what evidence showed the accused knew of the falsity, and what circumstances supported an inference that fraudulent use was intended. The result in an individual case depends on the admissible evidence and the facts proved before the court.

Historical Amendment Note

The original page correctly recorded that the word "and" was omitted from Section 266 by Act 42 of 1953, section 4 and the Third Schedule. The operative text thereafter connected knowledge that the weight or measure was false with the intention that it be fraudulently used.

Frequently Asked Questions

What was Section 266 IPC?

Section 266 IPC punished possession of a false weighing instrument, weight, or measure of length or capacity where the person knew it was false and intended that it be fraudulently used.

What was the maximum punishment under Section 266 IPC?

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

Was Section 266 IPC bailable?

Yes. Under the pre-BNS procedural classification, the offence was bailable and non-cognizable and was triable by any Magistrate.

Was actual fraudulent use necessary for Section 266?

The text of Section 266 focused on possession coupled with knowledge and the intention that the false instrument, weight or measure be fraudulently used. Sections 264 and 265 separately dealt with fraudulent use.

Which law is this page describing?

This page describes Section 266 of the Indian Penal Code, 1860 and the procedural position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024.

This article is a general legal information resource and is not a substitute for advice on the facts of a particular case.