Section 266 IPC: Being in possession of false weight or measure

Indian Penal Code, 1860

Section 266 IPC at a Glance

Section 266 IPC deals with being in possession of false weight or measure. 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 โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Section 266 IPC Bare Act Text

266. Being in possession of false weight or measure

Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used, 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 266, Indian Penal Code, 1860

Section 266 IPC in Simple Words

Section 266 of the Indian Penal Code (IPC) punishes whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used. 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 266 IPC

  • Being in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity
  • Knowing that the instrument, weight, or measure is false
  • Intending that the same may be fraudulently used

Punishment Under Section 266 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 โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Possessing a false weight or measure is punishable with imprisonment of either description for up to one year, or with fine, or with both.

Example of Section 266 IPC

In 2021, Gopalan operated a kerosene depot in Madurai. Inside his storage room, he kept a brass five litre measuring jug whose inner base had been raised with a thick solder plate so that the jug held less fuel than its stamped capacity. Gopalan knew that this measure of capacity was false and retained it in his possession intending that it would be used fraudulently when dispensing fuel to ration card holders. Gopalan is punishable under Section 266 IPC.

When Section 266 IPC Does Not Apply

  • The weighing instrument, weight, or measure held by the person conformed to its true standard.
  • The person holding the faulty weight or measure was unaware that it was inaccurate.
  • The person kept an old or altered weight as scrap without intending any fraudulent use.
  • The person did not have custody or possession of the false instrument, weight, or measure.

Section 266 IPC in the BNS

Repealed - No equivalent in BNS

Deleted. The BNS has no section in its place.

FAQs on Section 266 IPC

What does Section 266 IPC punish?โ–ผ

It punishes being in possession of any weighing instrument, weight, or measure of length or capacity, knowing it to be false, intending that it may be fraudulently used.

What is the punishment under Section 266 IPC?โ–ผ

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

Is actual use required under Section 266 IPC?โ–ผ

No. The section targets possession with knowledge and the intention that the false weight or measure may be fraudulently used; fraudulent use of a false weighing instrument, weight or measure is dealt with in Section 264 IPC and Section 265 IPC.

What is the BNS equivalent of Section 266 IPC?โ–ผ

There is none. The official comparison lists Section 266 IPC as deleted and the BNS contains no equivalent section.

Is Section 266 IPC bailable?โ–ผ

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

Which court tries Section 266 IPC?โ–ผ

It is triable by any Magistrate.

Can an offence under Section 266 IPC be compounded?โ–ผ

No. Section 266 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 ยท Last updated: 16 Oct 2026 ยท