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 an instrument for weighing when the user knew it was false. For conduct after the commencement of the Bharatiya Nyaya Sanhita, 2023 on 1 July 2024, the corresponding provision is BNS Section 187.
Former IPC Section 264: imprisonment of either description for up to one year, or fine, or both. Current BNS Section 187: imprisonment of either description for up to one year, or fine, or both. Fraudulent use and knowledge of falsity are essential.
Statutory text 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 targeted dishonest weighing practices involving an instrument that the user knew to be inaccurate or false. A mere mechanical defect, without fraudulent use and the necessary knowledge, does not by itself establish this particular offence.
Essential ingredients of the offence
- An instrument for weighing: The conduct involves a scale, balance or another instrument used to determine weight.
- Falsity: The instrument gives a false weight or is otherwise false for the weighing purpose.
- Knowledge: The accused knows the instrument is false.
- Fraudulent use: The accused uses the instrument fraudulently, rather than merely owning or accidentally operating it.
The prosecution must establish these ingredients from admissible evidence. Inspection reports, calibration records, transaction documents and witness evidence may be relevant depending on the facts.
Punishment under IPC Section 264
The former section provided imprisonment of either description for up to one year, or fine, or both. The court could impose a fine, imprisonment or both within the applicable legal framework.
Current law: BNS Section 187
Section 187 of the Bharatiya Nyaya Sanhita, 2023, titled Fraudulent use of false instrument for weighing, substantially carries forward the conduct formerly covered by IPC Section 264. It punishes a person who fraudulently uses an instrument for weighing while knowing that it is false.
The punishment remains imprisonment of either description for a term extending to one year, or fine, or both. For offences committed before 1 July 2024, the IPC and applicable repeal-and-savings provisions must be considered rather than automatically applying the BNS retrospectively.
Comparison: IPC Section 264 and BNS Section 187
| Issue | IPC Section 264 (former law) | BNS Section 187 (current law) |
|---|---|---|
| Conduct | Fraudulent use of a false weighing instrument | Fraudulent use of a false weighing instrument |
| Knowledge | Knowledge that the instrument is false | Knowledge that the instrument is false |
| Maximum imprisonment | One year | One year |
| Other penalty | Fine, or both imprisonment and fine | Fine, or both imprisonment and fine |
| Temporal application | Relevant to earlier conduct, subject to savings | Applies to conduct governed by the BNS |
Practical illustrations
Example 1: Deliberately altered shop scale
A trader knowingly adjusts a weighing scale to show one kilogram when the goods weigh substantially less, then uses it to overcharge customers. The facts may constitute fraudulent use of a false weighing instrument, subject to proof of the statutory elements and the law applicable on the date of conduct.
Example 2: Unknown calibration defect
A shopkeeper uses a weighing machine without knowing that a recently developed technical fault causes inaccurate readings. The absence of knowledge and fraudulent use would be material when assessing liability under this particular section; regulatory duties may be separate.
Related offences and regulatory law
IPC Section 265 addressed fraudulent use of a false weight or measure, while IPC Section 266 concerned possession and IPC Section 267 concerned making or selling false weights or measures. Their corresponding BNS provisions are Sections 188, 189 and 190 respectively.
The Legal Metrology Act, 2009 and applicable rules may impose additional requirements for weights, measures, verification and trade practices. Liability under that regulatory regime should be assessed independently; a regulatory breach is not automatically proof of fraudulent intent under BNS Section 187.
Frequently asked questions
Is IPC Section 264 still in force?
The IPC was repealed with the commencement of the BNS on 1 July 2024, subject to savings. IPC Section 264 remains relevant when assessing conduct governed by the former law.
Which BNS section corresponds to IPC Section 264?
BNS Section 187 is the corresponding provision concerning fraudulent use of a false weighing instrument.
What is the maximum punishment?
Under the former IPC Section 264 and current BNS Section 187, the maximum term of imprisonment is one year; a fine or both imprisonment and fine are also permitted.
Does possession of a defective weighing scale automatically amount to this offence?
No. This specific offence requires fraudulent use of an instrument that the accused knows to be false. Other legal or regulatory provisions may address possession or noncompliant equipment.
Official legislation and references
- Bharatiya Nyaya Sanhita, 2023 — official India Code PDF (Sections 187 to 190 and 358).
- India Code official portal (Indian Penal Code, 1860 and Legal Metrology Act, 2009).
- Indian Penal Code case law resources.
Updated 30 October 2026. This article is general legal information. Consult the authoritative statutes and applicable amendments or decisions for a particular matter.