IPC Section 267 deals with the offence of making or selling false weights or false measuring instruments in India. A person who makes, sells, or keeps such false measuring devices with dishonest intention can be punished under this section. The law aims to prevent cheating in trade and commercial transactions.
Detailed Explanation
IPC Section 267 is part of the Indian Penal Code, 1860. This section protects consumers and businesses from fraud related to weights and measures.
The section applies when a person knowingly creates, sells, or possesses false weights or measuring instruments that may be used for cheating. These instruments can include fake weighing scales, altered measuring containers, or manipulated measuring devices used in shops or markets.
Under Indian law, fair measurement is important in trade and business. If a seller uses a false weighing machine to provide less quantity to customers while charging full price, it becomes a punishable offence.
The purpose of IPC Section 267 is to maintain honesty in commercial activities and protect the public from financial loss.
Text of IPC Section 267
Section 267 of the Indian Penal Code states:
“Whoever makes, sells or disposes of, or uses, any false weight or false measure of length or capacity, or any instrument for weighing or measuring, knowing the same to be false, intending that the same may be used as true, shall be punished.”
Essential Ingredients of IPC Section 267
For an offence under this section, the following points are generally required:
| Point | Explanation |
|---|---|
| False weight or measure | The instrument must be incorrect or manipulated |
| Knowledge | The accused must know that the instrument is false |
| Intention | There must be dishonest intention to use it as genuine |
| Use or sale | Making, selling, using, or distributing such instruments is covered |
Practical Example
Suppose a grocery shop owner modifies a weighing machine so that 900 grams appears as 1 kilogram. Customers unknowingly pay for 1 kilogram while receiving less quantity. Such conduct may attract IPC Section 267 along with other legal provisions related to cheating and consumer protection.
Difference Between Mistake and Criminal Intention
Every incorrect measurement does not become a criminal offence.
If a machine becomes inaccurate due to normal technical problems and there is no dishonest intention, IPC Section 267 may not apply. However, if the person knowingly continues using a false measuring device to gain profit, criminal liability can arise.
Relation with Consumer Protection Laws
Apart from IPC Section 267, actions related to false weights and measures may also attract provisions under:
- Legal Metrology Act, 2009
- Consumer Protection Act, 2019
- Cheating provisions under IPC
Authorities conducting inspections in markets and shops can seize illegal measuring instruments and initiate legal action.
Key Points / Important Facts
- IPC Section 267 deals with false weights and measuring instruments.
- The section aims to prevent cheating in trade and business.
- Knowledge and dishonest intention are important elements of the offence.
- The law applies to making, selling, using, or distributing false measuring devices.
- Shopkeepers, traders, and manufacturers can be prosecuted under this section.
- Consumers can complain to Legal Metrology authorities if incorrect weights are used.
- The offence may also involve other criminal sections depending on the facts of the case.
- Courts examine whether the accused intentionally used false measurements for wrongful gain.
Legal Provision or Section
- Act: Indian Penal Code, 1860
- Section: IPC Section 267
- Subject: Making or selling false weights or measuring instruments
- Current Status: The IPC has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 in many criminal law matters from 1 July 2024.
The corresponding provisions under the Bharatiya Nyaya Sanhita should also be checked for current applicability because India has transitioned from IPC to BNS for criminal offences.
IPC Section 267 mainly focuses on dishonest conduct involving weights and measures used in commercial dealings. The law protects public trust in buying and selling activities.
Conclusion
IPC Section 267 is an important legal provision related to false weights and measuring instruments in India. It punishes dishonest practices used to cheat customers or traders through manipulated measurements. Businesses must use accurate weighing and measuring devices to avoid criminal liability and maintain lawful trade practices.
Sources & References
- India Code – Indian Penal Code, 1860: India Code IPC
- India Code – Legal Metrology Act, 2009: Legal Metrology Act 2009
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.