Section Overview
Section Number:
IPC Section 267
Section Title:
Making or Selling False Weight or Measure
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with corresponding provisions addressing deceptive trade practices and fraudulent commercial instruments continuing in substance.
Applicability:
IPC Section 267 applies when:
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A person makes, manufactures, repairs, sells, exposes for sale, or disposes of any false weight or false measure;
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The accused knows that the weight or measure is false;
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The item is intended to be used fraudulently;
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The conduct facilitates cheating or commercial deception.
The section aims to prevent fraud at the source by targeting those who create or distribute false measuring tools.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 267 ka simple matlab hai ki agar koi vyakti nakli weight ya galat measure banata hai, bechta hai, repair karta hai ya kisi ko deta hai aur use pata hai ki woh false hai, to woh crime karta hai.
Simple words mein:
"False weight ya false measure banana ya bechna illegal hai."
Law sirf cheating karne wale ko hi punish nahi karta, balki cheating ke tools banane aur supply karne wale logon ko bhi punish karta hai.
Legal Definition (Original Law Text)
The essence of IPC Section 267 is:
Whoever makes, manufactures, repairs, sells, or disposes of any false weight or false measure, knowing it to be false and intending that it may be fraudulently used, commits an offence.
Practical Interpretation
Courts generally examine:
Existence of a False Weight or Measure
The object must be:
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Inaccurate;
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Manipulated;
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Altered;
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Designed to produce incorrect measurements.
Making or Selling Activity
The accused must have:
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Manufactured it;
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Repaired it;
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Sold it;
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Offered it for sale;
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Supplied it to another person.
Knowledge
The accused must know that the weight or measure is false.
Fraudulent Purpose
There must be an intention that the item be used dishonestly.
Why IPC Section 267 Was Introduced?
Commercial fraud often begins with creation of deceptive instruments.
Without this section:
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Manufacturers could produce false weights without liability;
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Suppliers could distribute fraudulent tools;
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Traders could easily obtain instruments for cheating customers.
Therefore lawmakers criminalized production and distribution itself.
Importance of the Provision
The provision:
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Protects consumers;
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Promotes fair competition;
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Prevents fraud at an early stage;
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Supports market integrity.
It addresses the supply chain of commercial fraud.
Difference Between IPC Sections 264, 265, 266 and 267
IPC Section 264
Fraudulent use of false weighing instruments.
IPC Section 265
Fraudulent use of false weights or measures.
IPC Section 266
Possession of false weights or measures.
IPC Section 267
Making, selling, repairing, or supplying false weights or measures.
Thus:
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Section 264 = use of false weighing instrument.
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Section 265 = use of false weight/measure.
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Section 266 = possession.
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Section 267 = manufacture or sale.
Punishment & Legal Classification
Punishment
IPC Section 267 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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Extent of fraudulent conduct;
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Scale of distribution;
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Commercial impact.
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 267
BNS Equivalent
The Bharatiya Nyaya Sanhita contains corresponding provisions concerning:
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Commercial fraud;
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Deceptive trade instruments;
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Consumer protection;
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Fraudulent business practices.
Status
IPC repealed and replaced by BNS.
However, the principle prohibiting manufacture and sale of false weights and measures remains substantially preserved.
Real-Life Examples
Example 1: Manufacturing False Weights
A metal workshop deliberately manufactures 900-gram weights marked as 1 kilogram.
IPC Section 267 may apply.
Example 2: Selling False Measuring Containers
A trader sells measuring containers that provide less quantity than represented.
This falls within Section 267.
Example 3: Repairing Instruments for Fraud
A technician knowingly modifies weighing instruments to help shopkeepers cheat customers.
The offence under IPC Section 267 is attracted.
Landmark Judgments
Although IPC Section 267 rarely appears independently before higher courts, judicial decisions emphasize strict action against commercial fraud.
Case Name:
R.K. Dalmia v. Delhi Administration
Court:
Supreme Court of India
Key Takeaway:
Economic fraud affecting public confidence attracts criminal liability.
Case Name:
Mobarik Ali Ahmed v. State of Bombay
Court:
Supreme Court of India
Key Takeaway:
Fraudulent intention is a fundamental requirement in offences involving deception.
Case Name:
State of Maharashtra v. Mayer Hans George
Court:
Supreme Court of India
Key Takeaway:
Regulatory and economic offences are interpreted strictly where public interests are involved.
Legal Insights
When Is This Section Applied?
IPC Section 267 is commonly invoked when:
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False weights are manufactured;
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Deceptive measures are sold;
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Fraudulent measuring tools are distributed;
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Businesses create instruments intended for cheating.
Common Misuse Scenarios
Manufacturing Fraudulent Weights
Workshops create weights with incorrect mass.
Supplying False Measuring Instruments
Suppliers distribute manipulated measuring devices.
Commercial Distribution Networks
False weights are sold to traders and retailers.
Equipment Modification Services
Technicians alter measuring devices for dishonest customers.
Defenses Available
Lack of Knowledge
The accused may not know that the weight or measure is false.
No Fraudulent Intent
The item may not have been intended for dishonest use.
Manufacturing Error
The defect may result from an unintended mistake.
False Implication
The accused may be wrongly connected with the manufacture or sale.