The section says that whoever possesses either any weighing instrument, or any weight, or any measure of length or capacity, about which he has knowledge that the same is false, with the intention to use the same fraudulently, shall be punished with simple or rigorous imprisonment for a term extending up to one year, or with fine, or with both. The offence under this section is committed when a weighing instrument or weight or measure of length or capacity is a possession of the accused and he knows that the same is false, and he must also have an intention to use the same fraudulently. The word ‘ false’ has the same meaning as stated in the comment of section 264 of the Code.
In Bansidhar v. State, a licensed opium dealer in whose possession two sets of weight, out of which one set was false, were found from under the gunny bag over which he used to sit and deal with his customers, was convicted under this section because he could not explain the presence of the false weights. The offence under this section is non-bailable and non-compoundable and is triable by any magistrate.
