Section 264 IPC: Fraudulent use of false instrument for weighing

Indian Penal Code, 1860

Section 264 IPC at a Glance

Section 264 IPC deals with fraudulent use of false instrument for weighing. It is bailable and non-cognizable, triable by any Magistrate. It has no direct equivalent in the BNS.

Punishment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Bailable β“˜Non-Cognizable β“˜Non-Compoundable β“˜πŸ›οΈ Any Magistrate β“˜

Section 264 IPC Bare Act Text

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.

Source: Section 264, Indian Penal Code, 1860

Section 264 IPC in Simple Words

Section 264 of the Indian Penal Code (IPC) punishes whoever fraudulently uses any instrument for weighing which he knows to be false. The offence carries imprisonment of either description for a term which may extend to one year, or fine, or both.

Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable, bailable, and triable by any Magistrate. The Bharatiya Nyaya Sanhita has no equivalent section.

Ingredients of Section 264 IPC

  • Using an instrument for weighing
  • Knowing that the instrument for weighing is false
  • Acting fraudulently in using such instrument

Punishment Under Section 264 IPC

Imprisonment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Fine

Fine with no fixed limit, alone or with imprisonment.

Bailable β“˜Non-Cognizable β“˜Non-Compoundable β“˜πŸ›οΈ Any Magistrate β“˜

Fraudulently using a false instrument for weighing is punishable with imprisonment of either description for up to one year, or with fine, or with both.

Example of Section 264 IPC

In 2019, Harish ran a wholesale spice warehouse in Kochi. He rigged his spring dial machine by bending its internal coil so that every sack of cardamom hung on the hook registered two kilograms heavier than its true mass. Harish knew that the weighing instrument was false and gave inaccurate readings. Even so, he fraudulently used that rigged machine to weigh sacks of cardamom while billing restaurant buyers for the inflated reading. Harish is punishable under Section 264 IPC.

When Section 264 IPC Does Not Apply

  • A trader weighed goods on a properly calibrated machine that gave accurate readings.
  • A clerk used a defective weighing machine without knowing that its mechanism was faulty.
  • An owner tested a broken weighing machine for repair purposes without any intent to defraud anyone.
  • A dispute involved counting items by number rather than using an instrument for weighing.

Section 264 IPC in the BNS

Repealed - No equivalent in BNS

Deleted. The BNS has no section in its place.

FAQs on Section 264 IPC

What does Section 264 IPC punish?β–Ό

It punishes fraudulently using any instrument for weighing which the person knows to be false.

What is the punishment under Section 264 IPC?β–Ό

Imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Is knowledge required under Section 264 IPC?β–Ό

Yes. The prosecution must prove that the accused knew the instrument for weighing was false and used it fraudulently.

What is the BNS equivalent of Section 264 IPC?β–Ό

There is none. The official comparison lists Section 264 IPC as deleted and the BNS contains no equivalent section.

Is Section 264 IPC bailable?β–Ό

Yes. The offence is bailable and non-cognizable under the First Schedule to the Code of Criminal Procedure.

Which court tries Section 264 IPC?β–Ό

It is triable by any Magistrate.

Can an offence under Section 264 IPC be compounded?β–Ό

No. Section 264 IPC is not compoundable under Section 320 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 Β· Last updated: 16 Oct 2026 Β·