OFFENCES RELATING TO WEIGHTS AND MEASURES UNDER IPC

The Indian Penal Code, Chapter XIII, Sections 264 to 267, addresses offences involving weights and measures.

According to Section 264 of the Indian Penal Code, 1860, anyone who fraudulently uses any instrument for weighing that he knows to be false is punishable by imprisonment of any description for a time up to one year, a fine, or both.
Contains the following ingredients:
To invoke Section 264 of the Code, it must be proven that:
(1) the accused used a weighing device;
(2) the instrument was false to the accused’s knowledge; and
(3) the accused used it willfully.

Procedure: The offence is non-cognizable, bailable but not compoundable, and triable by any Magistrate under Section 264 of the Indian Penal Code.

According to Indian Penal Code Section 265: “Whoever fraudulently uses any false weight or measure of length or capacity, or who fraudulently uses any weight or measure of length or capacity as a different weight or measure than what it is, shall be punished with imprisonment of either description for a term that may extend to one year, fine, or both.
Contains the following ingredients:
To prove a charge under Section 265 of the Code, the following must be established:
(1) the accused used such a weight to measure,
(2) the weight or measure was a false one, and
(3) the accused did so fraudulently.

According to Section 266 of the Code, anyone in possession of a weighing instrument, a weight, or a measure of length or capacity that he knows to be false with the intent to use it fraudulently is punishable by imprisonment of either description for a term that may extend to one year, or by fine, or both.
This section is similar to the Indian Penal Code Sections 235, 239, 240, and 259, which punish possession of a false instrument for counterfeit coins and government stamps, among other things.
Ingredients:
In order to invoke Section 266 of the Code, the following requirements must be met:-
(1) Weights and measures must be in the accused’s possession;
(2) the accused must be aware that the weights and measures are false; and
(3) the accused must have stored them with the intent to defraud.
If the possession of a false Weight cannot be satisfactorily explained and accounted for, it is sufficient evidence to infer a fraudulent intent to use it.

According to Section 267 of the Indian Penal Code, anyone who makes, sells, or disposes of any instrument for weighing, any weight, or any measure of length or capacity that he knows to be false in order for it to be used as true, or knowing that it is likely to be used as true, shall be punished with imprisonment of either description for a term that may extend to one year, or with flogging.
Contains the following ingredients:
The following conditions must be met in order to invoke Section 267 of the Indian Penal Code:
(1) The accused created, sold, or disposed of any weighing apparatus.
(2) The accused was aware that such instruments or measurements, Weights, were false; and (3) the accused was aware that they were false.
(4) The accused disposed of the instrument in such a way that it could be mistaken for authentic or genuine.

BIBLIOGRAPHY: https://lawtimesjournal.in/offences-related-to-weight-and-measures/

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