What is Section 265 IPC? Fraudulent use of false weight or measure
Published on: Lawiz Team
Learn about Section 265 IPC: Fraudulent use of false weight or measure
Official Legal Text
Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 265 punishes anyone who fraudulently uses a false weight or measure for selling goods, knowing it to be false.
Purpose
To ensure fairness in trade by preventing the use of false weights or measures.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
1. The person must use a weight or measure. 2. The weight or measure must be false. 3. The person must know it is false and use it fraudulently.
Punishment Details
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Legal Defenses
If the person can prove they were unaware of the inaccuracy of the weight or measure.
Judicial Interpretation
Courts focus on the knowledge of the false nature of the weight or measure and the intention to deceive.
Illustration
If a merchant uses a false measuring tape to sell fabric, they can be punished under Section 265.
FAQs
What does Section 265 IPC define?
Fraudulent use of false weight or measure.
When is Section 265 IPC applicable?
It applies to offences like fraudulent use of false weight or measure, fraud, negligence, or disruption of public safety.
Why is Section 265 IPC important?
It ensures accountability and prevents fraudulent, negligent, or dangerous activities.
Give an example involving Section 265 IPC.
Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.
What is the punishment under Section 265 IPC?
Punishment may include imprisonment, fine, or both depending on the gravity of the act.
How do courts deal with Section 265 IPC violations?
Courts view these violations seriously to maintain public trust, health, and law and order.
How can offences under Section 265 IPC be prevented?
Awareness, regulatory compliance, and strict law enforcement can prevent such offences.