Bailabel Type : non-bailable

Description

Section 267 of the Indian Penal Code (IPC) - Making or Selling False Weight or Measure

Text of Section 267:

"Whoever makes or sells 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 two years, or with a fine, or with both."

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Detailed Explanation of Section 267:

Section 267 of the Indian Penal Code (IPC) addresses the making or selling of false weights or measures. This provision is aimed at those who actively engage in creating, manufacturing, or trading in false instruments of measurement. The emphasis of this section is on the intentional act of making or selling instruments that provide false measurements and the knowledge that these instruments are false. The section applies not only to those who manufacture these devices but also to those who sell them to others for fraudulent purposes.

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Key Elements of Section 267:

1. Making of False Weight or Measure:

   • Making a false weight or measure refers to the act of manufacturing or creating an instrument used for measuring or weighing goods that has been intentionally altered or fabricated to provide false readings.
   • For example, a manufacturer who designs and produces tampered weights or scales that are not calibrated correctly to mislead others is committing an offense under this section.

2. Selling of False Weight or Measure:

   • Selling a false weight or measure means that the person is distributing or trading in false instruments, knowing that the instruments are not providing accurate measurements.
   • For instance, if a shopkeeper sells a measuring cup that has been deliberately made larger than the standard size to defraud customers, they would be guilty under this section.

3. Knowledge of False Nature:

   • The individual must have knowledge that the weight or measure they are making or selling is false. The law does not apply to those who may unknowingly possess or sell such instruments; it only targets those who intentionally make or sell fraudulent instruments with the purpose of deceiving others.

4. False Weights or Measures:

   • False instruments can include scales, weights, measuring rods, measuring cups, and other tools that are intended to measure goods inaccurately.
   • These instruments may be altered, tampered with, or incorrectly calibrated to show a false quantity or weight of goods.

Punishment

Punishment Under Section 267:

The punishment for making or selling false weights or measures under Section 267 includes:

1. Imprisonment:

   • The person found guilty of making or selling a false weight or measure can be imprisoned for up to two years.
   • The imprisonment could be either simple (without hard labor) or rigorous (involving hard labor), depending on the court's judgment based on the severity of the offense.

2. Fine:

   • In addition to or instead of imprisonment, the court may impose a fine. The amount of the fine can vary, and is generally determined based on the harm caused by the offense, the scale of the fraud, and the intent behind making or selling false instruments.
   • The fine can also act as a deterrent, ensuring that individuals do not profit from engaging in dishonest business practices.

3. Combination of Both:

   • The law allows for both imprisonment and fine to be imposed simultaneously. This ensures that the penalty is proportionate to the seriousness of the offense.
   • The combination of imprisonment and fine serves to both punish the wrongdoer and provide a financial deterrent against fraudulent practices.