Introduction

The terms ‘weights’ and measurements are not defined in the Indian Penal Code of 1860, but Section 2 of the Standard of Weights and Measures Act of 1976 defines “weighing or measuring equipment” as “equipment used for measurement in terms of length, area, volume, capacity, weight, or number, regardless of whether the equipment has been constructed to give an indication of the measurements made or any other information that is determined with reference. Chapter XIII of the Indian Penal Code deals with offences relating to weights and measures.

What are the offences relating to weights and measures?

The term “Weights and measures” refers to the uniform standards that are ascribed to the quantity, capacity, volume, or dimensions of anything. The need for these standards arises for many reasons:

• Having a standardised measurement for purposes of science, commerce and industry transactions.
• To provide protection to the aggrieved party when they are deceived by another person to believe that a particular weight or measure is authentic when in reality it is false.

Section 264-267 of the Indian Penal Code, 1860 defines 4 types of offences that relate to weights and measures. They are:

• Fraudulent use of false instruments for weighing (Section 264)
• Fraudulent use of false weight or measure (Section 265)
• Being in possession of false weight or measure (Section 266)
• Making or selling false weight or measure (Section 267)

Section 25 of the Indian Penal Code (hereinafter referred to as IPC) states that a person is said to do something fraudulently when he does that thing with the intent to defraud but not otherwise.

The ingredients of each of the offences are as follows:

Fraudulent use of false instruments for weighing

• Fraudulent use
• Of any instruments for weighing
• Which the person knows to be false

Fraudulent use of false weight or measure

• Fraudulent use
• Of any false weight or false measure of length or capacity OR
• Use of any weight or any measure of length or capacity as a different weight or measure from what it is

Being in possession of false weight or measure

• Possession
• Of any instrument for weighing, or of any weight, or of any measure of length or capacity
• Which the person knows to be false

Making or selling false weight or measure

• Making, selling or disposal
• Of any instrument for weighing, or any weight, or any measure of length or capacity
• Which the person 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

An injury that is caused dishonestly usually includes injury which is only pecuniary in nature. However, an injury that is caused fraudulently includes injury that is not only pecuniary but non-pecuniary in nature, i.e., it includes injury caused to the body, mind, reputation and property.

Possession does not necessarily imply ownership of the weight and measurements. Thus, it is not necessary to prove the ownership of the instrument for weighing, or any weight, or any measure of length or capacity, the possession alone is sufficient.

Section 24 of the Standard of Weights and Measures Act, 1976 states that if any weighing or measuring equipment is found in the possession of any person carrying on a trade or on any premises that are used for trade that person or, the occupier of those premises shall be deemed to have that equipment in his possession for use for trade.

Punishments for the offences contained under Sections 264-267 of IPC

Cognizable offences are those in which the police officer can without a warrant, arrest the convict and start an investigation without the permission of the court. A non-cognizable on the other hand refers to those in which the police cannot arrest the accused without a warrant nor can they initiate an investigation without the permission of the court.

Bailable offences refer to those which are provided for as bailable under the First Schedule or those which are made bailable by any other law for the time being in force. Non-bailable refers to all the offences that are not considered bailable. Under bailable offences, bail is claimed as a Matter of Right while under non-bailable offences it is claimed as a Matter of Discretion.

Fraudulent use of false instruments for weighing (Section 264)

The classification of this offence is non-cognizable and bailable. Any Magistrate can try a case under this Section. Under this Section, a person may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Fraudulent use of false weight or measure (Section 265)

The classification of this offence is non-cognizable and bailable. Any Magistrate can try a case under this Section. Under this Section, a person may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Being in possession of false weight or measure (Section 266)

The classification of this offence is non-cognizable and bailable. Any Magistrate can try a case under this Section. Under this Section, a person may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Making or selling false weight or measure (Section 267)

The classification of this offence is cognizable and non-bailable bailable. Any Magistrate can try a case under this Section. Under this Section, a person may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Thus, while the punishment for all the offences under Section 264-267) is the same, the classification of the offences contained under Section 264-266 is that of being non-cognizable and bailable but the offence under Section 267 is classified as a cognizable and non-bailable offence.

In addition to criminal culpability under the IPC, the Consumer Protection Act of 2019 provides a civil remedy in the form of compensation. According to Section 2 of the aforementioned Act, “unfair trade practice” refers to any trade practice that, for the purposes of selling, using, or supplying any goods or providing any service, employs any unfair method or deceptive practice, including falsely representing that the goods or services are of a particular standard, quality, quantity, grade, composition, style, or model.

Section 22(3) of the Standard of Weights and Measures Act of 1976 also states that if any of the Act’s provisions are violated, the offender faces a fine of up to 2,000 and imprisonment for up to one year, or both.

Important case Laws

Emperor vs Kanayalal Mohanlal Gujar, (1939) 41 Bom LR 977

In this case, it was determined that purpose is a necessary component of the Section 264 offence. It involves two things: (1) the fraudulent use of any fake weighing device, and (2) knowledge that it is false. In this and subsequent parts, the term ‘false’ refers to anything other than the instrument, weight, or measure that the offender and the person cheated have agreed upon, expressly or implicitly, in their mutual dealings. Where the vendor and customer agreed to use a certain measure for a commodity offered, it was determined that even though the measure was not standardised, it was not ‘false’ and there was no fraudulent intent in this case.

Hamirmal Case (1890) Unrep Cr C 514.

The mere presence of forged weights and measures does not raise a strong suspicion of fraud. It is necessary to demonstrate that the accused was aware of the scales’ falsity and intended to use them fraudulently.

Bansidhar vs the State of Rajasthan AIR 1959 Raj 191

In this case, the applicant had two sets of weights, one of which was lighter than the specified weight. In this case, the court determined that the applicant had the weight with the intent to defraud. The fact that the bogus weights were discovered buried beneath a bag on which the accused had been seated suggested that he was actively fooling his customers. The accused was in possession of the fraudulent weights, knowing they were false and intending to use them to defraud others, according to the Court.

Conclusion

The Standard of Weights and Measures Act of 1976 allows for the regulation of weights and measures-related trade and commerce, as well as inspections to prevent the use of fraudulent techniques. The Legal Metrology Act of 2009 also provides for the enforcement of weights and measures standards, as well as other items sold or supplied by weight, measure, or number.