Section Overview
Section Number:
IPC Section 266
Section Title:
Being in Possession of False Weight or Measure
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with corresponding provisions relating to fraudulent trade practices and deceptive commercial conduct continuing in substance.
Applicability:
IPC Section 266 applies when:
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A person possesses a false weight or false measure;
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The weight or measure is inaccurate, manipulated, altered, or deceptive;
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The accused knows that it is false;
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Possession exists with intent to use it fraudulently;
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The possession creates a likelihood of cheating or commercial deception.
The section focuses on possession itself rather than actual use.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 266 ka simple matlab hai ki agar kisi vyakti ke paas galat weight ya galat measurement wala instrument hai aur woh jaanta hai ki woh false hai, to woh crime kar sakta hai.
Simple words mein:
"Fraud karne ke irade se false weight ya measure rakhna illegal hai."
Law sirf actual cheating ko punish nahi karta, balki cheating ke liye rakhe gaye tools ko bhi punish karta hai.
Legal Definition (Original Law Text)
The essence of IPC Section 266 is:
Whoever is in possession of any false weight or false measure, knowing it to be false and intending fraudulently to use it, commits an offence.
Practical Interpretation
Courts generally examine:
Existence of a Weight or Measure
The accused must possess:
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A weight;
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A measuring instrument;
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A measuring device;
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A quantity measurement tool.
Weight or Measure Must Be False
The item must be:
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Inaccurate;
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Altered;
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Manipulated;
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Designed to mislead.
Knowledge of the Accused
The accused must know that the instrument is false.
Fraudulent Intention
Possession must exist with the intention of using it dishonestly.
Why IPC Section 266 Was Introduced?
Lawmakers recognized that fraud often begins before actual use.
If only actual use were punishable:
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Traders could avoid liability until caught using false weights;
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Enforcement would become difficult;
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Consumers would remain vulnerable.
Therefore possession with fraudulent intent was also criminalized.
Importance of the Provision
This section acts as a preventive measure by:
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Discouraging preparation for fraud;
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Protecting consumers;
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Supporting fair trade;
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Preventing commercial deception before it occurs.
Difference Between IPC Sections 264, 265 and 266
IPC Section 264
Punishes fraudulent use of false weighing instruments.
IPC Section 265
Punishes fraudulent use of false weights or measures.
IPC Section 266
Punishes possession of false weights or measures with fraudulent intent.
Thus:
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Section 264 = false weighing instrument used.
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Section 265 = false weight or measure used.
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Section 266 = false weight or measure possessed.
Punishment & Legal Classification
Punishment
IPC Section 266 provides:
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Imprisonment up to 1 year; OR
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Fine; OR
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Both.
Punishment depends upon:
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Nature of the false weight or measure;
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Evidence of fraudulent intent;
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Circumstances of possession.
Bailable / Non-Bailable
Generally Bailable.
Cognizable / Non-Cognizable
Generally Non-Cognizable.
Compoundable
Generally Non-Compoundable.
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 266
BNS Equivalent
The Bharatiya Nyaya Sanhita contains corresponding provisions dealing with:
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Commercial fraud;
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Consumer deception;
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False measuring instruments;
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Dishonest trade practices.
Status
IPC repealed and replaced by BNS.
However, the principle behind IPC Section 266 remains substantially preserved.
Real-Life Examples
Example 1: Shopkeeper Keeping False Weights
A shopkeeper keeps a set of manipulated weights in his store and intends to use them for cheating customers.
IPC Section 266 may apply even before actual use.
Example 2: Market Trader Possessing False Measures
A vegetable trader possesses altered measuring containers designed to provide less quantity than represented.
This falls within the scope of Section 266.
Example 3: Warehouse Fraud Preparation
A warehouse owner stores false measuring devices for future commercial transactions.
The offence under IPC Section 266 may be attracted.
Landmark Judgments
Although IPC Section 266 is not frequently the sole subject of reported Supreme Court decisions, courts have consistently emphasized protection against commercial fraud.
Case Name:
R.K. Dalmia v. Delhi Administration
Court:
Supreme Court of India
Key Takeaway:
Possession of instruments intended for fraudulent economic activity may attract criminal liability.
Case Name:
Mobarik Ali Ahmed v. State of Bombay
Court:
Supreme Court of India
Key Takeaway:
Fraudulent intention remains essential for offences involving deception.
Case Name:
State of Maharashtra v. Mayer Hans George
Court:
Supreme Court of India
Key Takeaway:
Economic offences affecting public trust deserve strict interpretation.
Legal Insights
When Is This Section Applied?
IPC Section 266 is generally applied when:
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False weights are discovered during inspection;
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Traders possess manipulated measuring instruments;
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Commercial establishments store deceptive measuring tools;
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Fraudulent intent can be established.
Common Misuse Scenarios
Retail Store Possession
False weights are kept for future customer transactions.
Agricultural Market Fraud
False measures are stored for purchasing produce from farmers.
Fuel Quantity Manipulation
Businesses keep deceptive measuring instruments.
Wholesale Trade Abuse
False measuring devices are maintained in warehouses.
Defenses Available
Lack of Knowledge
The accused may not know the weight or measure is false.
No Fraudulent Intent
Possession alone is not enough without dishonest intention.
Accidental Possession
The false weight may have been inherited, stored, or forgotten.
False Allegation
The accused may have been wrongly linked to the item.