Section 267 IPC: Making or Selling False Weight or Measure

Section 267 of the Indian Penal Code, 1860 dealt with making, selling or disposing of a false weighing instrument, weight, or measure where the accused knew it was false and intended that it be used as true, or knew that it was likely to be used as true. This article explains the provision under the law applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024.

Text of Section 267 IPC

Meaning of Section 267 IPC

Section 267 targeted the supply side of false weights and measures. It covered a person who made, sold or otherwise disposed of a weighing instrument, weight, or measure of length or capacity while knowing that it was false, provided the additional statutory requirement concerning its use as true was also satisfied.

The provision therefore required more than proof that an inaccurate instrument or measure had been manufactured or transferred. Knowledge of its falsity and the required purpose or awareness regarding its likely use as true formed part of the offence.

Essential Ingredients of the Offence

1. Making, selling or disposing: The accused must have made, sold or disposed of an instrument for weighing, a weight, or a measure of length or capacity.
2. The item must be false: The relevant weighing instrument, weight or measure must be false.
3. Knowledge: The accused must know that the instrument, weight or measure is false.
4. Intended or likely use as true: The act must be done in order that the false item may be used as true, or with knowledge that it is likely to be used as true.

Punishment and Classification Under the CrPC

The procedural classification above follows the First Schedule to the Code of Criminal Procedure, 1973 as applicable to Section 267 IPC before the new criminal codes came into force.

What Does "Makes, Sells or Disposes of" Mean?

The statutory language was deliberately wider than a completed retail sale. It referred separately to making, selling and disposing of the false instrument, weight or measure. In each case, however, the prosecution still had to prove the knowledge and intended-or-likely-use elements expressly required by Section 267.

Knowledge That the Weight or Measure Is False

Knowledge was an express ingredient. The fact that an instrument or measure was inaccurate did not, standing alone, reproduce the full statutory language. The prosecution had to establish that the accused knew of its falsity. Depending on the facts, knowledge could be examined through direct evidence or circumstances from which the court could legally draw an inference.

Use "As True"

Section 267 contemplated two alternatives concerning future use. The accused could act in order that the false item be used as true, or could act while knowing that it was likely to be used as true. The section therefore addressed conduct occurring before the false weight or measure was necessarily put to actual use in a transaction.

Difference Between Sections 264, 265, 266 and 267 IPC

Section 267 IPC and the Legal Metrology Act, 2009

The Legal Metrology Act, 2009 also regulated the manufacture, sale, verification and use of weights and measures. Its provisions operated according to their own statutory ingredients and should not be treated as identical to Section 267 IPC.

Relevant provisions included Section 22 concerning approval of models before manufacture or import, Section 23 concerning manufacture, repair or sale without the prescribed licence, Section 24 concerning verification and stamping, Section 25 concerning use or keeping for use of non-standard weights or measures, and Section 26 concerning specified tampering or alteration with a view to deception or with the prescribed knowledge.

Which provision applied in a particular matter depended on the date of the alleged conduct, the nature of the instrument or measure, the acts attributed to the accused, and the ingredients proved by admissible evidence.

Illustrative Application

If a person deliberately manufactures a short measure, knows that it is false, and supplies it to another person intending that it be passed off and used as a true measure, the facts may satisfy the statutory elements of Section 267. Similarly, the section could be engaged where the maker or seller knew that the false measure was likely to be used as true, even if the prosecution relied on that alternative rather than proving a specific purpose that it be so used.

Evidence Relevant to Section 267 IPC

Depending on the case, relevant evidence could concern the manufacture or transfer of the item, testing or verification showing that the weight or measure was false, the accused's knowledge of the falsity, communications or surrounding circumstances concerning the transaction, and evidence bearing on whether the item was intended or known to be likely to be used as true.

Frequently Asked Questions

What did Section 267 IPC punish?

It punished making, selling or disposing of a weighing instrument, weight or measure known to be false where it was intended to be used as true or the accused knew that it was likely to be used as true.

What was the maximum punishment under Section 267 IPC?

The maximum imprisonment was one year. The court could impose imprisonment of either description, a fine, or both.

Was Section 267 IPC cognizable?

Yes. Under the First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 267 IPC was cognizable.

Was Section 267 IPC bailable?

No. Its CrPC classification was non-bailable. It was triable by any Magistrate.

Was actual use of the false weight necessary?

Section 267 itself addressed making, selling or disposing of the false item with the specified knowledge and purpose or awareness of likely use as true. Sections 264 and 265 separately dealt with fraudulent use.

Which legal period does this article cover?

This article describes Section 267 of the Indian Penal Code, 1860 and the related CrPC position applicable immediately before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024.

This page provides general legal information and is not a substitute for legal advice on the facts of an individual case.