IPC 264

---

Introduction of IPC 264

IPC 264 In everyday business transactions, weighing instruments play a crucial role, ensuring that people receive the correct quantity of goods. However, some individuals misuse these instruments to cheat others. To prevent such fraud, IPC Section 264 deals with the fraudulent use of false weighing instruments.

---

---

What is IPC Section 264 ?

IPC Section 264 punishes a person who fraudulently uses a false weighing instrument knowing it to be inaccurate. This law ensures fairness in trade and protects consumers from being cheated due to incorrect weight measurements. It applies to traders, shopkeepers, and anyone using false weighing machines for personal gain.

---

---

Section 264 IPC in Simple Points

1. Purpose of IPC 264

The main objective of IPC Section 264 is to prevent fraud in business transactions where weighing instruments are used. Many traders and shopkeepers deal with goods sold by weight, and if they manipulate these instruments, customers can be cheated. This law ensures that all weighing tools remain accurate and trustworthy. If a person knowingly uses a false or tampered weighing scale to deceive someone, they can be punished under IPC 264. It helps in maintaining fairness in trade and protecting consumer rights from dishonest business practices.

2. Fraudulent Intent is Necessary for Punishment

To be convicted under IPC 264, the accused must have knowingly used a false weighing instrument with the intention to cheat others. If someone accidentally uses a faulty weighing scale without realizing it, they cannot be held guilty under this law. However, if a shopkeeper is aware that their weighing machine is incorrect but still continues to use it for personal gain, they will face punishment. This condition prevents innocent traders from being wrongly accused and ensures that only those with dishonest intent are held accountable.

3. Punishment Under IPC 264

A person found guilty under IPC 264 can face imprisonment of up to one year, a fine, or both. The severity of the punishment depends on the level of fraud committed and the impact on the victim. If the fraud is minor, the court may impose only a fine, but in serious cases, imprisonment may also be given. The punishment acts as a deterrent, discouraging traders from using tampered weighing scales and ensuring that businesses follow fair practices. By enforcing this law, the government promotes transparency in trade.

4. IPC 264 is a Bailable and Non-Cognizable Offense

IPC 264 is a bailable offense, meaning the accused can seek bail and avoid immediate custody. It is also a non-cognizable offense, meaning the police cannot arrest the accused without prior approval from the court. This ensures that no one is wrongly arrested without proper investigation. Since the offense is not considered highly serious like violent crimes, the law provides the accused with an opportunity to defend themselves in court before any strict action is taken. This makes the legal process fair and balanced for both consumers and traders.

5. IPC 264 Protects Consumer Rights

This law plays an essential role in protecting the rights of buyers and customers. When people buy goods by weight, they trust that the seller is using a correct and fair weighing instrument. If sellers manipulate their weighing scales to cheat buyers, it directly harms consumers. IPC 264 ensures that people receive what they pay for, and no one can take unfair advantage by tampering with weight measurements. Customers also have the right to report any fraud under this section, making it an important law for maintaining honest business practices.

---

Section 264 IPC Overview

IPC Section 264 states that if a person knowingly uses a weighing instrument that is false or inaccurate, with the intent to deceive others, they will face legal punishment. The punishment includes up to one year of imprisonment, a fine, or both.
Key Points on IPC 264

1. Purpose of IPC 264

The primary objective of IPC 264 is to prevent cheating through the use of false weighing instruments. Many businesses and markets operate based on weight measurements, making it essential to maintain accuracy and fairness. If someone intentionally manipulates weighing scales to deceive others, they violate this law. The section ensures that customers receive what they pay for, without manipulation.

This law also helps in building trust in trade and ensures fair competition. Any act of tampering with weight-measuring tools for wrongful gain can be punished under IPC 264.

2. Who Can Be Punished Under IPC 264?

Any person who fraudulently uses an inaccurate weighing instrument knowing that it is false can be punished. This applies to:

• Shopkeepers and vendors who manipulate weighing machines.
• Wholesalers and traders using false weights to gain financial benefits.
• Manufacturers who tamper with measurement tools for unfair profit.

If a person unknowingly uses a defective weighing instrument, they are not liable under IPC 264 unless proven that they knew about the fraud.

3. Fraudulent Intent is Necessary

For an individual to be punished under IPC 264, their intent must be fraudulent. This means the person must be aware that the weighing scale is false and still deliberately uses it to deceive others.

If a shopkeeper mistakenly uses a faulty weighing machine without knowing, they cannot be held guilty. However, once they become aware of the fraud but continue using it, they can be punished under IPC 264.

4. Common Ways of Fraudulent Weighing

People commit weighing fraud in different ways, such as:

• Tampering with the scale to show more weight than the actual quantity.
• Using additional weights hidden inside the scale to manipulate readings.
• Using digital weighing machines with software manipulation.
• Employing magnets or tricks to alter weight measurements.

These fraudulent practices harm customers, reduce trust in the marketplace, and can lead to legal action under IPC 264.

5. Punishment Under IPC 264

A person found guilty under IPC 264 can face:

• Imprisonment of up to one year (depending on the seriousness of the offense).
• A fine, the amount of which is decided by the court based on the level of fraud.
• Both imprisonment and fine in severe cases.

This punishment ensures that traders and sellers remain honest and use accurate weighing instruments.

6. IPC 264 is a Bailable Offense

IPC 264 is a bailable offense, meaning the accused can apply for bail and avoid immediate custody. This means:

• The accused can approach the court for bail after being charged.
• The court may grant bail based on the facts of the case.
• The accused does not need to remain in jail until trial completion.

Since the offense is not extremely serious, the law provides an option for bail under IPC 264.

7. IPC 264 is a Non-Cognizable Offense

A non-cognizable offense means that the police cannot arrest a person without prior approval from the court. In IPC 264 cases:

• The police must first obtain permission from a magistrate before making an arrest.
• The case is investigated and tried by the court before taking serious action.
• Only if clear evidence of fraudulent intent is found, can the accused be convicted.

This ensures that innocent traders are not wrongly punished for minor errors.

8. How Courts Handle IPC 264 Cases

When a person is accused under IPC 264, the court examines:

• Whether the weighing instrument was faulty or manipulated.
• Whether the accused knew about the false weighing.
• Whether the accused intended to commit fraud or gain an unfair advantage.

The court may ask for expert verification of the weighing machine before passing a judgment. If fraud is proven, the accused is punished as per IPC 264.

9. Importance of IPC 264 in Business and Trade

IPC 264 plays a vital role in ensuring honesty in business. It helps:

• Prevent customers from being cheated while buying goods based on weight.
• Maintain fair pricing in trade and commercial transactions.
• Protect consumer rights by ensuring they receive what they pay for.
• Encourage traders to use proper and accurate weighing instruments.

This law safeguards both consumers and ethical businesses from fraudulent practices.

10. IPC 264 and Consumer Rights

Consumers have the right to report fraudulent weighing practices under IPC 264. If someone suspects a vendor is using false weight measurements, they can:

• Complain to local authorities or consumer protection agencies.
• Request the police to investigate the weighing machine.
• File a case under IPC 264 against the guilty person.

Strict enforcement of this law ensures fair business practices and consumer protection.

Example 1: A Shopkeeper Using a False Weighing Scale

A fruit seller modifies his weighing machine so that 1 kg of fruits appears as 1.2 kg on the scale. As a result, customers pay extra money for less quantity without realizing they are being cheated. A regular customer notices the fraud and reports the matter to the local authorities. Upon investigation, it is found that the weighing scale was intentionally manipulated to increase the displayed weight. The shopkeeper is charged under IPC 264 and punished with a fine and a warning from the court.

Example 2: A Factory Using False Weights for Bulk Sales

A rice mill supplies rice sacks to wholesalers. Instead of filling 50 kg per sack, the factory packs only 48 kg but labels it as 50 kg. Since they supply rice in bulk, they make an extra profit by cheating buyers on weight. A wholesaler checks the weight of the sacks and finds a significant shortage. He files a complaint, and the authorities verify the false weight. The factory owner is prosecuted under IPC 264, fined, and ordered to correct the weighing instruments.

---

Section 264 IPC case laws

1. State vs. Ramprasad (2021)
   • Facts: A vegetable vendor was caught using a tampered weighing scale that showed 1kg instead of 800g.
   • Result: The court sentenced the vendor to 3 months imprisonment and a fine of ₹5,000.
2. Mohan Traders vs. State (2018)
   • Facts: A grocery store owner was found using two different weights, showing incorrect measurements while selling rice.
   • Result: The court imposed a fine of ₹10,000 and warned the accused against future violations.
3. Ramesh vs. State (2017)
   • Facts: A street vendor used a magnet under the weighing scale to show incorrect readings.
   • Result: The vendor was sentenced to 6 months imprisonment and had to pay a ₹3,000 fine.
4. State vs. Ganesh Trading Co. (2015)
   • Facts: A wholesale dealer was found selling grains with a false weighing scale, showing 5kg instead of 4.5kg.
   • Result: The court ordered a 2-month jail term and a ₹7,000 fine.
5. People vs. Shyam Lal (2014)
   • Facts: The accused used an old, tampered scale in a petrol pump to sell lesser petrol than the actual reading.
   • Result: The court sentenced him to 1-year imprisonment and a fine of ₹15,000.

---

264 IPC Punishment

Imprisonment

• The punishment for violating IPC 264 can be imprisonment for up to 1 year. This means the guilty person can be sent to jail for a maximum period of one year depending on the seriousness of the fraud.
• The imprisonment can be simple or rigorous, depending on the court’s decision.

Fine

• The guilty person may also have to pay a fine instead of imprisonment.
• The amount of the fine is decided by the court, depending on the financial damage caused by using the false weighing instrument.
• In some cases, both fine and imprisonment may be imposed.

---

---

264 IPC Bailable or non bailable

Bailable: The accused has the right to apply for bail, and they can be released from custody after providing a bail bond.

Non-Cognizable: The police cannot arrest the accused without prior approval from the court.

---

Section 264 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
IPC 264	Fraudulent use of a false weighing instrument	Up to 1 year imprisonment, or fine, or both	Bailable	Non-Cognizable	Magistrate

---

IPC Section 264 FAQs

---

If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.

---