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.
Imprisonment of either description for a term which may extend to one year, or fine, or both.
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 of either description for a term which may extend to one year, or fine, or both.
Fine with no fixed limit, alone or with imprisonment.
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
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
Deleted. The BNS has no section in its place.
FAQs on Section 264 IPC
What does Section 264 IPC punish?βΌ
It punishes fraudulently using any instrument for weighing which the person knows to be false.
What is the punishment under Section 264 IPC?βΌ
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?βΌ
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?βΌ
There is none. The official comparison lists Section 264 IPC as deleted and the BNS contains no equivalent section.
Is Section 264 IPC bailable?βΌ
Yes. The offence is bailable and non-cognizable under the First Schedule to the Code of Criminal Procedure.
Which court tries Section 264 IPC?βΌ
It is triable by any Magistrate.
Can an offence under Section 264 IPC be compounded?βΌ
No. Section 264 IPC is not compoundable under Section 320 CrPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 Β· Last updated: 16 Oct 2026 Β·