Legal Provisions of Section 264 of Indian Penal Code, 1860.
Fraudulent use of false instrument for weighing:
This section makes fraudulent use of false instrument for weighing, an offence. It says that whoever uses any instrument for weighing with intention to defraud with the knowledge that the instrument is false, shall be punished with simple or rigorous imprisonment for a term extending up to one year, or with fine, or with both.
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The section requires that an instrument for weighing is used with the knowledge that it is a false instrument and with the intention to defraud. The section does not mention any standard weight. Fraudulent use of a weight which is less than the customary weight will entail liability under this section if other ingredients of the section are also present. The expression ‘false’ in this whole chapter means one which is different from the instrument, weight or measure fixed by the parties, expressly or impliedly, in their dealing with each other.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by any magistrate.