IPC Section 267 and BNS Section 190: Making or Selling False Weights and Measures
Section 267 of the Indian Penal Code, 1860 penalised making, selling or disposing of a false weighing instrument, weight or measure knowing it to be false and intending or knowing that it may be used as genuine. The corresponding current criminal-law provision is Section 190 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
IPC Section 267: Making or selling false weight or measure
Section 267 of the Indian Penal Code, 1860 stated:
Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
The section addressed the supply or distribution of false weighing and measuring equipment, rather than only its actual use in a transaction. It covered false weighing instruments, false weights, and false measures of length or capacity.
Under the former IPC provision, the punishment was imprisonment of either description (simple or rigorous) for up to one year, or fine, or both.
Essential ingredients of the offence
- Specified item: the item must be an instrument for weighing, a weight, or a measure of length or capacity.
- Falsity: the instrument, weight or measure must be false, meaning that it does not truthfully represent the relevant weight or measurement.
- Knowledge: the person must know that the item is false.
- Prohibited conduct: the person makes, sells or otherwise disposes of that item.
- Intended or foreseeable deception: the person acts so that the false item may be used as true, or knows it is likely to be so used.
Actual fraudulent use by a purchaser is not expressly required by the wording of this provision. Conversely, an accidental manufacturing defect or an innocent sale without the statutory knowledge and purpose should not automatically be treated as this offence.
Current law: BNS Section 190
Section 190 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for making or selling false weights or measures. It retains the central elements of making, selling or disposing of a weighing instrument, weight or measure known to be false, with the intention or knowledge that it may be used as true.
Punishment under BNS Section 190: imprisonment of either description for a term extending to one year, or fine, or both.
| Issue | IPC Section 267 (historical) | BNS Section 190 (current) |
|---|---|---|
| Subject | Making or selling false weights or measures | Corresponding offence |
| Required knowledge | Knowledge that the item is false | Same essential requirement |
| Purpose or likelihood | Intended or known likely use as true | Same essential requirement |
| Maximum imprisonment | One year | One year |
| Alternative penalty | Fine, or imprisonment and fine | Fine, or imprisonment and fine |
The BNS generally governs conduct occurring on or after 1 July 2024. Earlier acts must be evaluated under the applicable IPC and saving provisions; the commencement date does not by itself erase liability for earlier conduct.
Related offences and the Legal Metrology Act
The offences involving false weights and measures address different conduct:
- IPC Section 264 (corresponding BNS Section 187) concerns fraudulent use of a weighing instrument known to be false.
- IPC Section 265 (corresponding BNS Section 188) concerns fraudulent use of a false weight or measure, or use of a weight or measure as a different one.
- IPC Section 266 (corresponding BNS Section 189) concerns possession of a false instrument, weight or measure with the intention that it be fraudulently used.
- IPC Section 267 / BNS Section 190 concerns making, selling or disposing of false equipment knowing it is likely to be used as true.
The Legal Metrology Act, 2009 and applicable rules separately regulate weights, measures, verification, stamping and trade practices. The same facts may raise questions under legal-metrology legislation as well as penal law, depending on the conduct and the relevant statutory ingredients. Penalties and procedures under that Act should be checked independently; they are not automatically identical to the BNS penalty.
Practical illustrations
Sale of deliberately inaccurate weights
A manufacturer knowingly produces underweight metal weights and sells them to traders, aware that they will be passed off as standard weights. The conduct may satisfy the ingredients of BNS Section 190, subject to proof of the knowledge and purpose specified in the section.
Distribution of a false measuring container
A supplier knowingly distributes containers labelled as holding one litre although each holds substantially less, knowing that retailers are likely to use them as genuine one-litre measures. The provision may apply where the statutory elements are established.
Unknowing sale of defective equipment
A retailer sells a measuring instrument that has an undetected calibration defect, without knowing it is false or that it is likely to be used deceptively. The specific knowledge requirement of BNS Section 190 is not established merely by the existence of the defect, although other regulatory obligations may still arise.
Frequently asked questions
Which BNS section corresponds to IPC Section 267?
BNS Section 190 is the corresponding current provision on making or selling false weights and measures.
What is the punishment for making or selling a false weight?
Under BNS Section 190, imprisonment of either description for up to one year, or fine, or both, where the required ingredients are proved.
Is actual use of the false weight necessary?
No. The provision expressly covers making, selling or disposing of a false item with the specified intention or knowledge that it may be used as true. It does not expressly require proof that the buyer actually used it.
Is possession alone covered by Section 190?
Possession without making, selling or disposing of the item is addressed separately under BNS Section 189, provided its own requirements are met.
Can the Legal Metrology Act also apply?
Potentially. Compliance with legal-metrology standards, verification and trading requirements is governed by the Legal Metrology Act, 2009 and its rules. The applicable provisions depend on the facts.
Official legal sources
- 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
- Indian Penal Code: historical sections and punishments
This article is for general legal information. The applicable statute, charges, proof and procedural consequences depend on the date and circumstances of the alleged act.