1) Introduction :

 The Indian Penal Code, 1860 chapter XIII, Section 264 to Section 267 deals with the offences relating to weights and measures.


 2) Fraudulent use of false instrument for weighing (Section 264):

       According to Section 264 Indian Penal Code, 1860 whoever, fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.


 Ingredients : 

 To invoke Section 264 of the Code, it must be proved -

 (1) The accused used an instrument for weighing;

 (2) The instrument must have been false to the knowledge of the accused; and

 (3) The accused must have used it intentionally.


 Procedure : 
  
      The offence under Section 264 of Indian Penal Code is non cognizable, bailable but non compoundable and triable by any Magistrate.


 3) Fraudulent use of false weight or measure (Section 265):

   Section 265 of Indian Penal Code says that, whoever, fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 Ingredients : 

 To establish a charge under Section 265 of the Code, it must be proved :

 (1) The accused used such a weight to measure,

 (2) The weight or measure was a false one; and

 (3) That accused did so fraudulently.


 4) Being in possession of false weight or measure (Section 266):


    According to Section 266 of the Code, whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both .

    This Section is similar to Sections 235, 239, 240 and 259 of the Indian Penal Code, which punish possession of a false instrument for counterfeit coins and Government Stamp etc.



 Ingredients :

To invoke Section 266 of the Code following ingredients are to be satisfied.

 (1) Weights and measures are false;

 (2) Weights and measures must be in possession of the accused;

 (3) The accused must know that Weights and measures are false; and

 (4) The accused must have stored them with the intention to defraud.


    If possess of a false Weight can not be satisfactorily explained and accounted for, it is sufficient ground for presuming an intention to use it fraudulently.





5) Making or selling false weight or measure (Section 267):

     Section 267 of the Indian Penal Code says that, whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

  Ingredients :

 To invoke Section 267 of the Indian Penal Code following ingredients are to be satisfied :

   (1) The accused made, sold or disposed of any i instrument for weighing.

   (2) Such instruments or measures, Weights were false ;

   (3) The accused knew them to be false; and

   (4) The accused disposed of such instrument in order that might be used as true or genuine.



 See also

1) Distinction / Difference between wrongful Restraint and Wrongful Confinement

2) Difference/ Distinction between Hurt and Grievous Hurt

3) Distinction between Dishonestly and Fraudulently

4) Defamation under the Indian Penal Code

5) Offences against Marriage (IPC)

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