Bailabel Type : bailable

Description

Section 266 of the Indian Penal Code (IPC) - Being in Possession of False Weight or Measure

Text of Section 266:

"Whoever is found in possession of a false weight or measure, knowing the same to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with a fine, or with both."

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Detailed Explanation of Section 266:

Section 266 of the Indian Penal Code (IPC) focuses on the possession of false weights or measures by individuals who are aware of their falsity. Unlike Section 265, which deals with the fraudulent use of false weights or measures, Section 266 targets those who possess false instruments, even if they have not yet used them in a fraudulent transaction. The key element in this section is knowledge, as the person must be aware that the weights or measures they possess are false.

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Key Elements of Section 266:

1. Possession of False Weight or Measure:

   • This section criminalizes the possession of any false weight or measure, whether for personal use or for the purpose of commercial activity.
   • A false weight or measure refers to any instrument or device that provides a false reading when used for weighing or measuring goods or commodities. These can be scales, weights, measuring rods, cups, or any other apparatus that has been tampered with or fabricated to deceive.

2. Knowledge of False Nature:

   • The individual must have knowledge that the weight or measure in their possession is false. This is a crucial element, as mere possession of such an instrument is not sufficient for prosecution. The person must be aware that the weight or measure is not correct or is intentionally altered to provide inaccurate readings.

3. False Weights or Measures:

   • A false weight refers to a measuring device used to weigh goods that does not show the correct weight or quantity of goods.
   • A false measure refers to any device used to measure volume or quantity (such as a measuring cup, container, or rod) that gives inaccurate readings.

4. Example:

   • A person owns a tampered scale that shows less weight than the actual weight of goods. Even if they haven't used it yet to cheat someone, possessing the false scale while knowing that it is incorrect is an offense under Section 266.
   • Similarly, if someone has a fraudulent measuring cup used to measure liquids, and they know it is larger than the standard size, just possessing it with that knowledge makes them liable under this section.

Punishment

Punishment Under Section 266:

The punishment prescribed under Section 266 includes the following:

1. Imprisonment:

   • The person found in possession of a false weight or measure may be punished with imprisonment. The imprisonment can extend up to one year.
   • The imprisonment can be either rigorous (involving hard labor) or simple depending on the discretion of the court.

2. Fine:

   • In addition to imprisonment, a fine can also be imposed. The amount of the fine will vary based on the nature of the offense, the quantity of false instruments possessed, and the intent behind possessing them.
   • The fine serves as a deterrent to those who may consider engaging in such fraudulent practices, as it holds them financially accountable.

3. Combination of Both:

   • The law allows for both imprisonment and fine to be imposed. In some cases, the person may face imprisonment for up to one year along with a fine, or the court may choose to impose either of the two punishments based on the case's specifics.

4. Reason for Punishment:

   • The punishment under Section 266 serves as a deterrent to individuals who may want to possess false instruments with the intent to use them for fraudulent purposes later. By criminalizing possession, the law aims to prevent potential fraud before it happens.