IPC Section 266 and BNS Section 189: Possession of False Weights or Measures
Section 266 of the Indian Penal Code, 1860 addressed knowingly possessing false weighing instruments, weights or measures with the intention that they be fraudulently used. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 189.
IPC Section 266: Being in possession of false weight or measure
The historical provision was titled Being in possession of false weight or measure. Its statutory text stated:
Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Thus, former IPC Section 266 covered possession with knowledge and an intention of fraudulent use. It did not require proof that the instrument had already been used to cheat a customer.
Former punishment: imprisonment of either description (simple or rigorous) for up to one year, or a fine, or both.
Essential ingredients of the offence
- Possession: the accused possesses a weighing instrument, a weight, or a measure of length or capacity.
- Falsity: the instrument, weight or measure is false, such as an item deliberately calibrated or marked to give an incorrect result.
- Knowledge: the accused knows that the instrument, weight or measure is false.
- Intention: the accused intends that the false item may be fraudulently used.
Possession alone is insufficient where the required knowledge and intention cannot be established. Evidence may include inspection reports, calibration records, modifications, communications and surrounding circumstances.
Current law: Section 189 of the Bharatiya Nyaya Sanhita, 2023
BNS Section 189, Being in possession of false weight or measure, continues the substance of IPC Section 266. It concerns a person who possesses a weighing instrument, weight or measure of length or capacity, knowing it to be false and intending that it may be fraudulently used.
Punishment under BNS Section 189: imprisonment of either description for a term extending to one year, or fine, or both.
The BNS replaced the IPC from 1 July 2024. The repeal-and-savings provision in BNS Section 358 must be considered for pre-commencement conduct, pending proceedings and accrued liabilities.
| Issue | IPC Section 266 (former) | BNS Section 189 (current) |
|---|---|---|
| Subject | Possession of a false weight or measure | Possession of a false weight or measure |
| Knowledge | Knowledge that the item is false | Knowledge that the item is false |
| Intention | Intended fraudulent use | Intended fraudulent use |
| Maximum imprisonment | One year | One year |
| Fine | Fine, or imprisonment, or both | Fine, or imprisonment, or both |
Difference between possession, use and sale of false measures
IPC Section 264, corresponding to BNS Section 187, deals with fraudulent use of a weighing instrument known to be false. IPC Section 265, corresponding to BNS Section 188, concerns fraudulent use of a false weight or measure, or use of a genuine measure as a different one.
IPC Section 267, corresponding to BNS Section 190, addresses making, selling or disposing of a false weighing instrument, weight or measure with knowledge and the required intention.
Separate compliance and enforcement obligations may also arise under the Legal Metrology Act, 2009 and applicable rules. Those requirements are distinct from the elements of the BNS criminal offence; penalties and procedures depend on the particular provision invoked.
Practical illustrations
False weight kept for future transactions
A trader knowingly stores a weight marked as one kilogram that actually weighs substantially less, intending to use it to under-deliver goods. Even before an actual sale, the facts may engage BNS Section 189 if possession, knowledge and intended fraudulent use are established.
Incorrect measure kept without fraudulent intent
A person retains an old, defective measuring cup as a display item and has no intention to use it fraudulently. The mere existence of an inaccurate item does not, by itself, establish the mental element of this offence.
Actual fraudulent weighing
If a trader knowingly uses a tampered weighing machine in a sale, the conduct may involve BNS Section 187 in addition to any other applicable law. The correct charge depends on the facts and statutory elements.
Frequently asked questions
What is the BNS equivalent of IPC Section 266?
Section 189 of the Bharatiya Nyaya Sanhita, 2023.
What is the punishment for possessing false weights or measures?
Under BNS Section 189, imprisonment of either description for up to one year, or fine, or both.
Is using a false weight necessary for conviction?
No. The possession offence focuses on possession of a false item with the required knowledge and intention that it may be fraudulently used. Actual use is addressed by related provisions.
Does an accidental calibration error automatically establish an offence?
No. The statutory knowledge and intended fraudulent use must be proved. Other regulatory requirements may still apply independently.
Which law applies to an incident before July 2024?
The former IPC may remain applicable to conduct before 1 July 2024, subject to the relevant repeal-and-savings rules. The date and facts must be examined.
Official legislation and further reading
- India Code: Bharatiya Nyaya Sanhita, 2023 (Sections 187-190 and 358)
- India Code: Official repository for the IPC, BNS and Legal Metrology Act
- Indian Penal Code: historical sections and punishments
This article provides general legal information and is not a substitute for advice on a particular case.