Fraudulent use of false weight or measure
Section 265 of the Indian Penal Code, 1860 deals with fraudulent use of false weight or measure. 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 265, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Avinash Chandra Vaish vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When a special statute like the Legal Metrology Act 2009 contains a non obstante clause and exclusionary provision (Section 51), it excludes only those provisions of the general statute (IPC) which specifically relate to the subject matter covered by the special statute. Offences under the general statute which are not covered by the special statute remain prosecutable even when the facts also constitute an offence under the special statute. The exclusion applies only to Chapter XIII IPC (Sections 264-267) relating to weights and measures, not to offences of cheating, forgery, criminal conspiracy or common intention which are not covered by the Legal Metrology Act 2009. An accused can be prosecuted under either or both statutes but cannot be punished twice for the same offence.
On this section: Fraudulent use of false weight or measure and making or selling false weight or measure; held to be excluded by Section 51 of Legal Metrology Act 2009
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 265
What have the courts held on Section 265 of the Indian Penal Code?
Avinash Chandra Vaish vs The State of Uttar Pradesh (04 Sep 2019) is the leading judgment on this section among those set out below: Fraudulent use of false weight or measure and making or selling false weight or measure; held to be excluded by Section 51 of Legal Metrology Act 2009.
How do I find court cases under Section 265 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 265, section 265 IPC, section 265 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Avinash Chandra Vaish vs The State of Uttar Pradesh (04 Sep 2019).
When did Section 265 of the Indian Penal Code come into force?
Section 265 of the Indian Penal Code, cited as IPC 265, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.