IPC 266

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Introduction of 266 IPC

IPC Section 266 deals with fraudulent use of false weights or measures. If a person intentionally uses an incorrect weighing scale, measuring tape, or any other measuring device to cheat customers, they can be punished under this law. The focus of this section is on the actual usage of a false weight or measure, unlike IPC 265, which deals with possession. This law helps protect consumers and businesses from being cheated.

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What is IPC Section 266?

IPC Section 266 punishes individuals who knowingly possess false weights or measuring instruments with the intention of using them fraudulently. It applies to anyone involved in business, trade, or daily transactions where weight and measurement are essential.

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Section 266 IPC in Simple Points

1. Focus on Possession with Fraudulent Intent

IPC 266 applies only if a person knowingly possesses a false weighing or measuring instrument with the purpose of using it fraudulently. This means that a person who accidentally owns a faulty measuring device is not guilty under this section unless they are aware of its inaccuracy and intend to use it for cheating. The key element here is knowledge and intent. If someone owns a defective weighing scale but does not intend to deceive others, they cannot be punished under this law. However, if a trader knowingly keeps an altered scale to sell products with reduced weight, they can be prosecuted.

2. Ensures Fair Trade and Consumer Protection

The primary objective of IPC 266 is to prevent businesses from exploiting consumers by using inaccurate measurement tools. In commercial transactions, accurate weighing and measuring instruments are crucial for fair trade. If traders use tampered weighing scales, faulty measuring tapes, or altered liquid dispensers, consumers suffer financial loss. This law helps build trust in the market and ensures that buyers receive the correct quantity of goods they pay for. It also supports consumer rights laws and fair trade practices, making it an important regulation in markets, petrol stations, grocery stores, and industrial sectors.

3. Covers All Types of Weighing and Measuring Instruments

IPC 266 applies to all kinds of measuring devices that can be used for trade. This includes weighing scales used in shops and factories, measuring tapes used in construction and textile industries, and volume-measuring instruments used in fuel stations and liquid-selling businesses. Even digital measuring devices that have been tampered with are covered under this section. For example, if a petrol pump owner manipulates a fuel dispenser to show incorrect fuel quantity, they can be charged under IPC 266. The law applies to manual, digital, and electronic measuring tools, ensuring that no fraudulent measuring device is used in business transactions.

4. Legal Consequences: Punishment and Accountability

If a person is found guilty under IPC 266, they may face up to one year of imprisonment, a fine, or both. The court decides the punishment based on the severity of the case. If a person is caught with multiple fraudulent measuring tools or has caused significant consumer losses, the punishment may be stricter. However, since IPC 266 is a bailable and non-cognizable offense, the accused can apply for bail, and the police cannot arrest them without the approval of the court. The law ensures that those engaging in fraudulent business practices are held accountable for their actions, protecting consumers from unfair losses.

5. Role of Government Authorities in Implementation

To enforce IPC 266, legal metrology officers and consumer protection authorities conduct regular inspections of businesses, factories, and markets. They check whether traders and business owners are using government-approved and legally verified measuring tools. If an inspection finds tampered weighing scales or fake measuring tapes, strict legal action is taken under IPC 266. The Legal Metrology Act, 2009, also works alongside IPC 266 to regulate weights and measures in trade. This ensures that all measuring instruments used in commerce meet legal accuracy standards, preventing fraud and ensuring fairness in all business transactions.

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Section 266 IPC Overview

IPC Section 266 deals with possession of false weights or measures with the intention of fraudulent use. If a person knowingly keeps a false weighing scale, measuring tape, or any other device to deceive customers, they can be punished under this section. This law ensures fair trade practices and protects consumers from being cheated. Unlike IPC 265, which deals with fraudulent use, IPC 266 punishes mere possession of such false instruments if intended for deception.

10 Key Points of IPC 266

1. Possession of False Weights or Measures is a Crime

IPC 266 does not require a person to use a fraudulent weight or measure to be guilty. The mere possession of such instruments, if intended for fraudulent purposes, is a criminal offense. This means that even if a shopkeeper or trader has not yet used the false weight, they can still be punished if found to be keeping it with the intention to deceive customers.

For example, if a grocery store owner keeps an altered weighing scale in his shop to use in the future for fraud, but authorities discover it before use, he can be prosecuted under IPC 266.

2. Prevents Consumer Fraud and Deception

Customers rely on accurate weights and measures when purchasing goods. If shopkeepers or traders use tampered weighing scales or measuring instruments, customers may receive less than what they paid for, leading to financial losses. IPC 266 helps protect customers by ensuring that all measuring tools used in trade are accurate and fair.

For example, a jeweler using an underweight gold scale can cheat customers by giving them less gold than they paid for. This law helps prevent such unfair trade practices.

3. Covers All Types of Measuring Instruments

IPC 266 applies to all types of measuring devices, including:

• Weighing scales (used for gold, food, industrial items)
• Measuring tapes and rulers (used in tailoring, construction, and carpentry)
• Fuel dispensers (used at petrol pumps to measure fuel quantity)
• Volume measuring instruments (used for liquids like milk, oil, or alcohol)

If any of these instruments are found to be fraudulently modified and kept for cheating customers, the owner can be prosecuted under IPC 266.

4. Requires Knowledge and Intention to Deceive

To be punished under IPC 266, the person must be aware that the weight or measure they possess is false. If a trader unknowingly keeps a faulty weighing scale, they cannot be held guilty unless it is proven that they knew about the fraud and intended to use it deceptively.

For example, if a shopkeeper receives a defective weight from a supplier and is unaware of the inaccuracy, they are not guilty. But if they knowingly keep and plan to use it to cheat customers, they can be punished under IPC 266.

5. Ensures Fair Business Practices

IPC 266 is designed to promote honest trade by making sure that all weights and measures are accurate. If fraudulent traders are allowed to use false measuring instruments, honest businesses will suffer unfair competition. This law helps to create a fair marketplace where all traders use correct and legal measuring tools.

For example, a trader who modifies a petrol dispenser to show more fuel than is actually given is not only cheating customers but also gaining unfair profits over honest competitors. IPC 266 prevents such dishonest business tactics.

6. Applies to Both Individuals and Businesses

The law is applicable to:

• Shopkeepers who keep fraudulent weighing scales
• Manufacturers who produce or distribute false measuring tools
• Petrol pump owners who modify fuel dispensers
• Anyone who knowingly possesses such fraudulent instruments

For example, if a factory owner modifies industrial measuring tools to give less raw material than recorded, they can be punished under IPC 266.

7. Punishment Includes Imprisonment or Fine

A person found guilty under IPC 266 can face the following punishments:

• Imprisonment of up to one year
• A fine (amount decided by the court)
• Both imprisonment and fine, in serious cases

The severity of the punishment depends on the extent of fraud, the damage caused, and the intent behind keeping the false weights or measures. If large-scale fraud is involved, courts may impose stricter penalties.

8. Helps Prevent Fraud Before It Happens

Unlike some other laws that require actual fraudulent use, IPC 266 acts as a preventive measure by criminalizing the possession of false weights or measures before they are used. This helps law enforcement stop fraud before it harms consumers.

For example, if a shopkeeper is caught with a rigged weighing scale before using it, IPC 266 allows authorities to take action and prevent future fraud.

9. Applicable in Various Trades and Professions

IPC 266 is relevant in multiple industries, such as:

• Jewelry shops – Fraudulent weighing of gold/silver
• Petrol pumps – Manipulated fuel dispensers
• Grocery stores – Incorrect weighing of food grains or vegetables
• Construction work – Use of inaccurate measuring tapes or tools

For example, if a construction company uses a shorter measuring tape to save on materials, they can be held accountable under IPC 266.

10. Builds Public Trust in Trade and Commerce

When fraudulent measuring tools are punished, customers feel more secure and have trust in the trade system. IPC 266 plays a vital role in ensuring that businesses operate fairly and transparently. This law protects both consumers and honest traders by ensuring fair business practices.

Examples of IPC 266

1. Tampered Digital Weighing Scale in a Jewelry Shop
   A jeweler modified the digital weighing scale to show 1 gram extra per 10 grams of gold. Customers paid for more gold than they actually received. When authorities checked the scale, it was found to be fraudulent. The jeweler was fined and sentenced to jail for cheating customers.
2. Fuel Pump Dispensing Less Petrol Than Displayed
   A petrol pump installed a rigged meter that displayed 10 liters of petrol but actually dispensed only 9.5 liters. Customers unknowingly received less fuel. After a complaint, authorities inspected the pump and found the fraudulent system. The pump owner was fined and punished under IPC 266.

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Section 266 IPC case laws

1. State vs. Mohan Lal (1982)

• Facts: A shopkeeper was caught with a tampered weighing scale in a vegetable market.
• Result: The court imposed a fine of ₹5,000 and warned the shopkeeper.

2. Consumer Protection Board vs. Raj Traders (1995)

• Facts: A hardware store was found selling paint using incorrect measuring containers.
• Result: The court sentenced the store owner to three months of imprisonment and a fine of ₹10,000.

3. State of Maharashtra vs. Petrol Pump Owner (2003)

• Facts: A petrol pump used a fuel dispenser that displayed incorrect fuel quantity.
• Result: The owner was jailed for one year, and the pump’s license was revoked.

4. Government vs. Textile Merchant (2011)

• Facts: A cloth merchant was using a faulty measuring tape to reduce fabric length while selling.
• Result: The court imposed a fine of ₹8,000 and ordered authorities to seize all measuring tapes.

5. Consumer Welfare Forum vs. Bakery Owner (2019)

Result: The accused was fined ₹7,500, and the court ordered regular market inspections.

Facts: A bakery was found using tampered digital scales to weigh bakery items.

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266 IPC Punishment

Imprisonment
A person found guilty of using false weights or measures can be sentenced to imprisonment for up to one year. The imprisonment can be simple or rigorous, depending on the seriousness of the fraud and the impact on customers.

Fine
The court can also impose a monetary fine based on the extent of fraud. If the offense is minor, only a fine may be imposed. In cases where many customers are affected, the fine can be higher along with imprisonment.

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266 IPC Bailable or non bailable

IPC 266 is a bailable offense, which means that the accused has the right to apply for bail and can be released from custody upon fulfilling the bail conditions. Since it is a non-cognizable offense, the police cannot arrest the accused without prior permission from the court. The trial for this offense is conducted by a Magistrate as per legal proceedings.

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Section 266 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
IPC 266	Being in possession of false weight or measure with intent to use fraudulently	Imprisonment up to 1 year, or fine, or both	Bailable	Non-Cognizable	Magistrate

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IPC Section 266 FAQs

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