School of Law, Narsee Monjee Institute of

Management Studies, Bangalore

PROJECT FOR IPC

SUBMITTED BY:
ASHISH KUMAR
COURSE: BA.LLB (HONS)
SEMESTER: III

SUBMITTED TO:
SUKANYA MAAM
 Fraudulent use of False Instrument For weighing
To preserve the welfare of consumers, consumer legislation known as Consumer Protection Act,
1986 has been enacted but criminal law is more involved and efficient so it is seen as a measure
that deters merchants and manufacturers from participating in such forms of trading violations.
Although civil remedies offer reimbursement for the harm incurred by customers, criminal law
prohibits unethical trade practices which vitiates proper business dealings.
The Indian Penal Code 1860 provides, under Chapter XIII, for crimes relating to weights and
measures from Sections 264 to Section 2671. Section 264 2defines the crime committed through
the use of a fake measuring instrument with the intention of deceiving the consumer. Such a
person with a dishonest intention to commit an offence pursuant to Section 264 shall be
punishable by imprisonment for a term which may be increased to one year, or by a fine, or both.
Another crime referred to in Section 265 3in relation to weights is that the dishonest use of false
weights and false measurements of length and capacity, or the use of false weights and false
measurements as a separate weight or amount than what they are, is punishable by incarceration
for a period of time that may stretch to one year or by a fine or both.
Owning and holding has a major contrast and even possession of an article that is against public
policy is considered illegal under criminal law. Section 266 4deals with the commission of a
crime relating to the possession of a false measuring device or false weights of some measure of
length or ability that the defendant understands to be false and is eligible for the penalty of
incarceration for deceitful intent and can be either for a term of one year or with a fine of both.
The persons engaged in the production or production, selling or disposal of the instruments used
for measuring or the weights used to weigh the products or any measure of duration or ability
that they know to be inaccurate but use the form of deceit to make it valid shall be punished with
imprisonment that may be either for a term of one year or with a fine, or both, in connexion with
Section 2675 of the Indian Penal Code
Legal Provisions
 264. Fraudulent use of false instrument for weighing.—Whoever fraudulently uses
any instrument for weighing which he knows to be false, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine,
or with both 6
Ingredients
1. The accused used an instrument for weighing
2. The instrument must have been false to the knowledge of the accused
3. The accused must have it intentionally
1
The Indian Penal Code, 1860
2
The Indian Penal Code, 1860, s.264
3
The Indian Penal Code, 1860, s.265
4
The Indian Penal Code, 1860, s.266
5
The Indian Penal Code, 1860, s.267
6
The Indian Penal Code, 1860, s.264
  265. Fraudulent use of false weight or measure.—Whoever fraudulently uses any false
weight or false measure of length or capacity, or fraudulently uses any weight or any
measure of length or capacity as a different weight or measure from what it is, shall be
punished with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.7
Ingredients
1. The accused used such a weight to measure
2. The weight or measure was a false one
3. That the accused did so fraudulently
 266. Being in possession of false weight or measure.—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.8
Ingredients
1. The weights and measures are false
2. They must be in possession of the accused
3. The accused must know that they are false
4. The accused must have stored them with the intention to defraud
In Bansidhar v. State of Rajasthan, the applicant a licensed opium dealer, was prosecuted
under 266, IPC for keeping two sets of wrights in the shop; one set of weights was less in
weights than the standard weight and he defrauded the public by using false weights. It
was found that the accused was sitting on the gunny bag beneath which true and false
weights were found.
Holding the applicant guilty, the court said the only inference that could be drawn from
these circumstances was that the accused possessed false weights, knowing them to be
false and intending that the same might be fraudulently used.
 267. Making or selling false weight or measure.—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 both9.
Ingredients
1. The accused made, sold, or disposed of any instrument for weighing
2. Such instruments, weights or measures were false
3. The accused knew them to be false
4. The accused disposed of such instrument in order that it might be used as true or
genuine.

7
The Indian Penal Code, 1860, s.265
8
The Indian Penal Code, 1860, s.266
9
The Indian Penal Code, 1860, s.267
What Are the Key Offenses Related to Weight and Measure?
The key offenses related to weight and measure are listed below:
Measuring instruments: Persons are not allowed to produce, import or sell any measuring
instrument that is not properly stamped, confirmed or inappropriate, or has been tampered with
or interfered with by a measuring instrument that does not conform with the regulations or is not
yet licen ced.
Pre-Packaged Products: A individual shall not be allowed or registered to pre-package, deliver
or sell goods which are not properly branded, weighed or have a specific quantity or which do
not comply with regulations such as compliance with packaging goods.
Pricing Concerns: Each person is prohibited from adjusting or adjusting the specified price or
does not agree with the legislation defining a standard unit of measure or numeration. Therefore,
no one should sell or supply more than the specified MRP (Maximum Retail Price) for any
commodity.
Government compliance: Any infringement or breach by government-authorized test centres,
such as seal counterfeiting, supplying false information, hiding critical information, or impeding
the function of the controller. In addition, the thwarting Director or Legitimate Metrology
Officer is often disciplined by statute.
Weight-related offences: Using such weights and scales that are not in a clean condition or
without proper lighting is often a weight-related crime. In comparison, serious forms of crimes
are often messing with, mending, or processing weights without getting a proper licence and
hiding the verification certificate.
Not Storing in the Right Place: A person who is not storing or retaining test weight at the
weighing apparatus premises is therefore committing a weight-related crime. In addition, a crime
has also been committed by any petrol retail outlet that does not have a 5 litre or 10 litre volume
measurement.
No dismantling permitted: the dismantling or quashing of any measuring and weighing
instruments properly stamped and checked shall be treated as a weight-related violation, unless
the Legitimate Metrology Controller has been told of the same.
What Is the Prescribed Procedure of Filing A Complaint for The Offenses Related To
Weight And Measure?
The steps listed below are involved in the procedure of filing a complaint for the offenses related
to weight or measure.
In case the Complainant files the complaint for the offenses related to weight and measures to the
Nodal Agencies:
Next, the applicant must file a report with the Nodal Agencies or the Apex Organizations.
• Upon receipt of the complaint or petition, the Nodal Entity concerned shall either correct the
complaint inside the office or forward the complaint to the department concerned, i.e. the
Department of Administrative Reforms and Public Petition.
 The Chief of Public Grievance will begin his investigation after the complaint is issued
by the agency.
 After the conclusion of the inquiry, an assessment report will be developed by the
Director of Public Grievance to document his views.
 Whether the Director of Public Grievance is of the opinion that the Department of
Administrative Changes and Public Grievance is the focus of that matter, he shall forward
it to the attached office.
 An action report would then be compiled by the attached office or sub-organisation and
forwarded on to the government, i.e. the Government of Institutional Changes and Public
Grievance.
 In the last step, the department will then submit to the respective Nodal Agency the
action paper.
However, whenever the plaintiff issues a case directly with the Department of Regulatory
Changes and Civil Grievance, the process for grievance resolution will also stay the same. In
addition, the same will start from the above-mentioned point.
Can an Appeal Be Filed in The Offenses Related to Weight and Measure?
Yes, an appeal can be brought against any legal officer, director, or controller under the Legal
Metrology Act for offences relating to weight, order or judgement. The same must be submitted
to the next higher authority within a period of sixty days, beginning on the day the judgement or
order is passed.
Are the Offenses Related to Weight Mentioned Under IPC Included in The Legal
Metrology Act?
No, the offenses related to weight mentioned under the Indian Penal Code are not in the ambit of
the Legal Metrology Act. The same has been clarified by the Hon’ble Supreme Court  in its
recent judgement dated 04 September, 2019, in the matter of State of U.P. v. Aman Mittal 10, held
that Section 3 of Legal Metrology Act, 2009 (Act), overrides the provisions related to weights
and measures covered under Chapter XIII of Indian Penal Code, 1860 (IPC). Section 3 of the Act
states that provisions of the Act will override the provisions of any other law. The Act regulates
the trade and commerce of weights, measures and goods sold or distributed by weight, measure
or number.

Brief Facts –

10
Criminal Appeal Nos. 1328-1329 of 2019
  A petroleum retail outlet was accused of being involved in malpractice of short delivery
by 200-220ml on each sale of 5 liters.
 Upon investigation, the police found a chip fixed inside the dispensing units and
inconsistency in the stock records maintained by the outlet.
 Pursuant to the above, the retail outlet (respondent) was booked under several offences of
IPC including offences related to using and making of false weights and measures, fraud,
criminal intent and criminal conspiracy.
 In its response, two applications were filed by the respondents, stating grounds of lack of
material for making out a case based on the offences stated.
 Upon rejection of both the applications by the lower court, a petition was filed in the
High Court by the respondent.
 The High Court subsequently passed an order setting out several directions including
changes in the investigation process. High Court also held that offences under Section
265 of IPC, i.e. fraudulent use of false weights/measures and section 267 of IPC, i.e.
making or selling false weights/measures, are to be quashed.
Contention by the Parties –
 The counsel for the State argued that, though Section 3 of the Act11 states that provisions
of this section will override other provisions of law, does not expressly exclude IPC.
They placed reliance on several cases where prosecution under IPC was maintainable
along with other Acts.
 The counsel for the accused contended that the Act is a complete code and provides for
offences related to standards of weights and measures. They further contended that since
the Act is a special statute having an overriding effect, the accused cannot be charged for
offences under IPC.
Observations by the Supreme Court –
Relying partly on the observations made the High Court, the Supreme Court observed that –
 Section 3 of the Act fully overrides the clauses of Chapter XIII of the IPC with regard to
charges and fines which can be levied for breaches of the provisions of the Act.
 If the offence is covered by the accordance with the act, the perpetrator will not be
charged under Chapter XIII of the IPC with the same offence.
 The Hon'ble Supreme Court set aside the High Court's whole order, with the exception of
the part relating to IPC Section 265 and Section 267.
 The Supreme Court also held that it is evident from the reading of Section 51 of the Act
that the provisions of the IPC do not extend to any crime punished under the Act, insofar
as they refer to offences related to weight or measure.
 However, crimes such as theft, unlawful intent and unlawful planning are not protected
under the Act, but these crimes are tried by the IPC, so their trial is not inconsistent with
the Act.

11
Legal Metrology Act, 2009
Nestle India Ltd, New Delhi V Dinesh Kumar and Another –
 Petitioner was having 3 packets of coffee
 But he witnessed that the packet of coffee which should be 15gms in weight is less in
weights and when he measured the packet he got to know that one packet is 12 gms of
coffee and other two was having 5 gms only.
 So, petitioner filed a suit against Nestle India in accordance with article 420 of the Indian
Penal Code
 But the counsel from the respondent submits that the charges framed by petitioner against
the respondent should frame the charger in accordance with weight and measures act or
chapter XIII of the IPC.