Indian Penal Code, 1860 | Historical provision and current law
IPC Section 264: Fraudulent Use of a False Weighing Instrument
Section 264 of the Indian Penal Code, 1860 punished fraudulent use of a weighing instrument that the user knew was false. For conduct governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), which commenced on 1 July 2024, the corresponding provision is Section 187.
Former IPC Section 264: fraudulent use of a knowingly false weighing instrument; imprisonment of either description for up to one year, or fine, or both. BNS Section 187: addresses the same category of fraudulent use, with the same maximum term of imprisonment.
Statutory wording of IPC Section 264
Section 264 — Fraudulent use of false instrument for weighing:
“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.”
The provision required more than an inaccurate weighing result. It addressed a person who fraudulently used an instrument while knowing that the instrument was false.
Essential ingredients of the offence
- An instrument for weighing: The item used was a weighing instrument, such as a balance or weighing scale.
- Falsity: The instrument was false or configured to produce a false measurement.
- Actual use: The accused used the instrument, rather than merely owning or storing it.
- Knowledge: The accused knew that the instrument was false.
- Fraudulent conduct: The instrument was used fraudulently, not through an innocent error or an unknowing malfunction.
Whether these elements are established depends on evidence, including calibration records, inspection reports, transactions and the surrounding circumstances.
Punishment under IPC Section 264
The former section prescribed imprisonment of either description for a term up to one year, or fine, or both. The provision did not specify a fixed fine amount. A court would determine the sentence according to the applicable law and facts.
Current law: BNS Section 187
Section 187 of the Bharatiya Nyaya Sanhita, 2023 is titled Fraudulent use of false instrument for weighing. It addresses fraudulent use of a weighing instrument known by the user to be false, and prescribes imprisonment of either description for up to one year, or fine, or both.
The BNS took effect on 1 July 2024, replacing the IPC for conduct to which the new enactment applies. Earlier conduct must be considered under the applicable law and savings provisions, including BNS Section 358 and Article 20(1) of the Constitution of India.
Difference between IPC Section 264 and BNS Section 187
| Issue | IPC Section 264 (former) | BNS Section 187 (current) |
|---|---|---|
| Offence | Fraudulent use of false weighing instrument | Fraudulent use of false weighing instrument |
| Required knowledge | User knows the instrument is false | User knows the instrument is false |
| Maximum imprisonment | One year | One year |
| Other sentencing options | Fine, or both imprisonment and fine | Fine, or both imprisonment and fine |
| Temporal application | Relevant to pre-commencement conduct, subject to savings | Applies from 1 July 2024, subject to applicable law |
Practical illustrations
Example 1: Deliberately manipulated weighing scale
A trader knowingly adjusts a scale to show a greater weight than the goods actually weigh and uses it to charge customers more. This may satisfy the ingredients of fraudulent use of a false weighing instrument, if the required facts and intention are proved.
Example 2: Unnoticed calibration fault
A shopkeeper uses a scale that has developed an undetected technical fault, without knowing it is inaccurate or acting fraudulently. Those facts alone do not establish the knowledge and fraudulent use required by this particular criminal provision. Separate regulatory obligations may nevertheless arise.
Related offences and consumer protection
BNS Section 188 addresses fraudulent use of a false weight or measure; Section 189 concerns possession of false weight or measure; and Section 190 concerns making or selling a false weight or measure. Each provision has its own elements and should be distinguished from actual use of a false weighing instrument.
The Legal Metrology Act, 2009 and applicable rules also regulate weights, measures and measuring instruments, including verification and commercial use. Regulatory breaches and a BNS offence are not necessarily identical; the correct provision depends on the facts and the statutory requirements.
Frequently asked questions
What is the punishment for fraudulent use of a false weighing instrument?
Under former IPC Section 264 and current BNS Section 187, the stated punishment is imprisonment of either description for up to one year, or fine, or both.
Does every inaccurate weighing scale amount to a criminal offence?
No. This offence requires fraudulent use and knowledge that the instrument is false. Inaccuracies may separately give rise to inspection, compliance or enforcement issues under legal metrology law.
Which section applies after 1 July 2024?
For relevant conduct governed by the new criminal law, the corresponding provision is BNS Section 187. IPC Section 264 remains relevant when assessing conduct predating commencement, subject to applicable savings.
Is possession of a false weighing instrument the same as using one?
No. Actual fraudulent use is central to Section 187. Possession-related conduct must be examined under its own applicable provision, where relevant.
Official legislation and related articles
- Bharatiya Nyaya Sanhita, 2023 — official India Code PDF (Sections 187–190 and 358).
- India Code — official central legislation portal (Indian Penal Code, 1860 and Legal Metrology Act, 2009).
- IPC Section 265: Fraudulent use of false weight or measure.
- IPC Section 266: Possession of false weight or measure.
- IPC Section 267: Making or selling false weight or measure.
Updated 30 October 2026. This article is general legal information, not legal advice for an individual case. Consult the authoritative legislation, amendments and relevant judgments.