IPC Section 265 and BNS Section 188: Fraudulent Use of False Weight or Measure
Section 265 of the Indian Penal Code, 1860 punished fraudulent use of false weights or measures of length or capacity, including using a genuine weight or measure as though it were a different one. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 188.
What was IPC Section 265?
Section 265 of the Indian Penal Code, 1860, titled Fraudulent use of false weight or measure, provided:
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.
The provision addressed deception in the actual use of weights and measures. It included both using an inaccurate weight or measure and misrepresenting the value or denomination of an otherwise genuine one.
Historical punishment: simple or rigorous imprisonment for up to one year, or a fine, or both.
Essential ingredients of fraudulent use
- A weight or measure: an item used to determine weight, length or capacity.
- False or misrepresented measure: either the weight or measure is false, or a weight or measure is used as a different weight or measure from what it actually is.
- Actual use: the person uses the relevant weight or measure, rather than merely owning it.
- Fraudulent conduct: the use is fraudulent; a genuine error or accidental inaccuracy alone does not establish the required mental element.
Whether a particular transaction constitutes the offence depends on evidence of the instrument, its use and the fraudulent purpose.
Current law: BNS Section 188
Section 188 of the Bharatiya Nyaya Sanhita, 2023, titled Fraudulent use of false weight or measure, addresses fraudulent use of a false weight or measure of length or capacity, or fraudulent use of a weight or measure as though it were a different weight or measure. It substantially continues the former IPC Section 265 offence.
Punishment under BNS Section 188: imprisonment of either description for a term which may extend to one year, or fine, or both.
| Aspect | IPC Section 265 (former law) | BNS Section 188 (current law) |
|---|---|---|
| Offence | Fraudulent use of false or misrepresented weights or measures | Substantially corresponding offence |
| Maximum imprisonment | One year | One year |
| Fine | Alternative to or alongside imprisonment | Alternative to or alongside imprisonment |
| Relevant date | Conduct before 1 July 2024, subject to savings | Conduct on or after 1 July 2024 |
Related BNS offences: former IPC Section 264 corresponds to BNS Section 187 (fraudulent use of a false weighing instrument); former IPC Section 266 corresponds to BNS Section 189 (possession of false weight or measure); and former IPC Section 267 corresponds to BNS Section 190 (making or selling false weight or measure).
How does the Legal Metrology Act, 2009 apply?
The Legal Metrology Act, 2009 establishes standards and regulatory obligations for weights and measures used in trade and commerce. Its definitions and provisions on verification, stamping, use of non-standard instruments and relevant penalties may apply separately, depending on the transaction and applicable rules.
Not every metrology violation is automatically an offence under BNS Section 188. The BNS offence requires fraudulent use; the regulatory Act may address additional compliance requirements. The same facts must be evaluated under each applicable law, including rules against impermissible double punishment.
For the current statutory text and rules, consult the India Code legislative database and the Department of Consumer Affairs.
Practical illustrations
Using an underweight measure
A seller knowingly uses a weight marked as one kilogram that actually weighs substantially less, intending to charge the buyer for the full kilogram. This may amount to fraudulent use of a false weight if the statutory elements are proved.
Misrepresenting a genuine measure
A trader knowingly uses a genuine 500-millilitre measure while representing it as a one-litre measure. The offence may apply even though the physical measure itself is accurate, because it is fraudulently used as a different measure.
Accidental calibration error
An instrument becomes inaccurate without the user's knowledge, and the user does not act fraudulently. That fact alone does not establish the criminal offence, although separate metrology obligations may still need to be examined.
Frequently asked questions
Which BNS section corresponds to IPC Section 265?
BNS Section 188 addresses fraudulent use of false weight or measure.
What is the maximum punishment?
Imprisonment of either description for up to one year, or fine, or both.
Does the section apply only to shopkeepers?
No. The wording applies to whoever fraudulently uses the specified weight or measure; it is not limited to any named profession.
Is merely possessing a false weight enough under Section 188?
Section 188 concerns fraudulent use. Possession with the required knowledge and intention is addressed separately by BNS Section 189.
Does the IPC apply to offences committed after July 2024?
For conduct on or after 1 July 2024, the BNS is generally the relevant criminal statute. The former IPC remains relevant for earlier conduct subject to repeal-and-savings rules, including BNS Section 358.
Official legislation and related reading
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), Sections 187-190 and 358
- India Code: Indian Penal Code, 1860 and Legal Metrology Act, 2009
- Department of Consumer Affairs: Legal Metrology information
- Indian Penal Code: historical sections and punishments
This article provides general legal information. Applicable provisions depend on the date of conduct, evidence, and any governing special law.