Section 264 – Fraudulent use of false instrument for weighing

Introduction: Fraud basically means when a person intentionally deceives another person with the aim of benefiting themselves and causing harm to the other person. The important element of fraud is the intention of the person committing it. If a person does something without any intention to cause harm or deceive, it cannot be considered fraud. Fraud basically involves intention and deliberate misrepresentation of facts. There are various ways in which consumers are exploited by traders by selling adulterated goods, low quality goods, or by selling defective goods. Moreover, the traders exploit the consumers in the form when instruments are required for measuring weight and thus they fraudulently measure the weight that is less than the actual weight. These types of instruments are used in industrial industries and commercial affairs. Manipulating weights by instruments have become common practice these days and therefore, to protect the consumers and raise awareness about this ongoing issue, certain provisions were mentioned under Indian Penal code under section 264-267 i.e. it aims to put a stop to these unfair practices and people committing this practice will be held accountable for the same.

Sections under which these offences takes place and punishment for the same:

According to Section 264 of the IPC, 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.”  It can be stated that if an individual uses false weights and measures of length and capacity or any other measure of length and capacity as a different weight or measure from what it is, then he shall be punished under this section with simple imprisonment or with fine or with both. The said offence under this section is a bailable offence. It is a non-cognizable and non-compoundable offence and it is triable by the Magistrate.

Essential ingredients to establish this offence under this section are as follows:

1. The accused must have used such a false weight to measure length or capacity.
2. The weight or measure should be a false/wrongful one.
3. The accused did so with malice intention.

Case law:

Emperor Vs. Kanayalal Mohanlal Gujjar:

In this case the definition of “fraud” is described. It means, ‘false or different instrument of weighing’ and ‘false weight or measure’ of length or capacity other than the one which the person who defrauded and the offender have fixed upon expressly or impliedly in reference with the dealings they both have adopted. Conclusion: The law requires that anyone selling goods by weight or measurement must use accurate and non-fraudulent instruments. For instance, some traders use deceptive methods such as hollow weights or inaccurate weighing balances. Therefore, it is essential that the goods are sold in the correct weight, measure, or count. As responsible citizens, we have the duty to report any individual who possesses incorrect weights or engages in such illegal activities. Such individuals will be held accountable for their fraudulent actions and shall be punished accordingly under this law.  

You may contact me for consultation or advice by visiting Contact Us and Call us