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Practice paper — IPC Chapter 13 — Offences Relating To Weights And Measures

20 questions · answer key at the end · no time limit

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1.Which of the following best describes the conduct made punishable by Section 264 IPC (Fraudulent use of false instrument for weighing)?
- (A) Fraudulently using any instrument for weighing which the user knows to be false
- (B) Using any instrument for weighing, whether true or false
- (C) Using any measuring instrument (e.g., for length) which is false
- (D) Merely possessing a false instrument for weighing even if not used
2.What punishment does Section 264 IPC prescribe for fraudulently using a false instrument for weighing?
- (A) Imprisonment for up to seven years
- (B) Only a fine
- (C) Imprisonment of either description for a term which may extend to one year, or with fine, or with both
- (D) Life imprisonment
3.Does mere possession of a false weighing instrument (without using it) fall within Section 264 IPC?
- (A) Yes — possession of a false instrument is sufficient
- (B) No — the provision requires fraudulent use of the instrument
- (C) Yes, but only if the possessor intends to use it later
- (D) Yes — if the instrument could be used for weighing in future transactions
4.If a person uses an instrument for weighing that is false but honestly believes it to be accurate (i.e., does not know it is false), is he liable under Section 264 IPC?
- (A) Yes — use of a false instrument is sufficient even without knowledge
- (B) Yes — because the provision only requires fraudulent use, not knowledge
- (C) No — because the provision requires the user to know the instrument is false
- (D) No — because the provision applies only to instruments deliberately manufactured false
5.Which of the following combinations of mental and physical elements would satisfy the offence under Section 264 IPC?
- (A) Knowledge that the instrument is false, without any fraudulent use
- (B) Fraudulent use, even if the user does not know the instrument is false
- (C) Fraudulent use of an instrument for weighing coupled with the user's knowledge that it is false
- (D) Neither fraudulent intention nor knowledge, provided the instrument is false
6.Which of the following acts is directly prohibited by Section 265 of the Indian Penal Code, 1860?
- (A) Fraudulently using any false weight or false measure of length or capacity
- (B) Forging government documents
- (C) Cheating by false representation unrelated to weights or measures
- (D) Adulterating food products
7.What is the maximum term of imprisonment prescribed by Section 265 IPC?
- (A) Six months
- (B) One year
- (C) Two years
- (D) Three years
8.A trader, through genuine mistake, uses an incorrect measure without any intent to deceive customers. Under Section 265 IPC, is he punishable for that act?
- (A) Yes, because using a wrong measure is prohibited irrespective of intent
- (B) Yes, if the value involved is significant
- (C) No, because the section requires the weight or measure to be used fraudulently
- (D) No, because the section applies only to public officials
9.If a merchant uses a genuine 1 kg weight but fraudulently passes it off as 1.5 kg to customers, does Section 265 IPC apply?
- (A) No — the section applies only to weights that are themselves false
- (B) Yes — the section also covers fraudulently using any weight as a different weight from what it is
- (C) No — the section applies only to measures of length or capacity
- (D) Yes — but only when a fine is imposed
10.Which of the following scenarios would NOT fall within the scope of Section 265 IPC?
- (A) Fraudulently using a false measure of liquid capacity to short-change customers
- (B) Fraudulently using a false weight to misstate quantity of goods
- (C) Fraudulently marking a 2-metre rod as a 3-metre measure and using it to measure goods
- (D) Fraudulently misrepresenting the temperature of goods using a thermometer
11.Which mental elements does Section 266 IPC require for the offence to be made out?
- (A) Knowledge that the instrument is false and intention that it may be fraudulently used
- (B) Only knowledge that the instrument is false
- (C) Only intention that the instrument may be fraudulently used
- (D) Negligence in keeping accurate weights or measures
12.What is the maximum term of imprisonment prescribed by Section 266 IPC?
- (A) Six months
- (B) One year
- (C) Two years
- (D) No imprisonment; only fine
13.Is actual fraudulent use of the false instrument required to constitute the offence under Section 266 IPC?
- (A) Yes — the instrument must have been used fraudulently
- (B) Yes — unless it was merely kept as a curiosity
- (C) No — mere intention that it may be fraudulently used is sufficient
- (D) No — only attempted fraudulent use is required
14.If a person possesses a weight that is false but honestly does not know it is false, is he guilty under Section 266 IPC?
- (A) Yes — mere possession of a false weight is enough
- (B) Yes — if it could realistically enable fraud
- (C) Yes — if the weight was used even once
- (D) No — the person must know the instrument is false
15.Does Section 266 IPC require that the possessor himself intends to use the false instrument fraudulently (as opposed to intending that it may be fraudulently used by anyone)?
- (A) No — it requires intent that the instrument may be fraudulently used, without specifying it must be by the possessor
- (B) Yes — the statute requires the possessor personally to intend to commit the fraud
- (C) Only if the instrument is meant for sale
- (D) Only if there is an actual victim identified
16.Which of the following acts is directly covered by Section 267 IPC?
- (A) Making a weight or measure which he knows to be false, intending that it be used as true
- (B) Merely using a false weight without making or selling it
- (C) Manufacturing accurate measures of capacity
- (D) Purchasing a false measure for private decorative use
17.What mental state does Section 267 require regarding the falsity of the instrument?
- (A) No mental state (strict liability)
- (B) Knowledge that the instrument is false, and either intent that it be used as true or knowledge it is likely to be used as true
- (C) Only negligence about the instrument’s falsity
- (D) Belief that the instrument is false is sufficient even without knowledge
18.A person makes a weight that turns out to be false but honestly believes it to be correct. Under Section 267, is he punishable?
- (A) Yes, because the weight is false
- (B) Yes, if someone later uses it as true
- (C) No, because Section 267 requires that the maker 'knows' it to be false
- (D) Yes, because making any false measure is an offence regardless of knowledge
19.If a seller sells a perfectly accurate measure but instructs the buyer to use it dishonestly to cheat others, does Section 267 IPC apply?
- (A) Yes, because the seller intended dishonest use
- (B) Yes, because disposal with dishonest purpose suffices
- (C) Only if the buyer actually uses it to cheat
- (D) No, because Section 267 requires that the instrument itself be false
20.Does Section 267 require both that the person makes/sells a false instrument 'in order that the same may be used as true' and that he also 'knows that the same is likely to be used as true' simultaneously?
- (A) No; either the intent ('in order that') or the knowledge of likelihood suffices
- (B) Yes; both the specific intent and the knowledge of likelihood must be present together
- (C) No; neither intent nor knowledge is required for the offence
- (D) Only the knowledge that it is likely to be used as true suffices, not intent

Answer key

1. A2. C3. B4. C5. C6. A7. B8. C9. B10. D11. A12. B13. C14. D15. A16. A17. B18. C19. D20. A

Explanations

1. (A) The provision states: "Whoever, fraudulently uses any instrument for weighing which he knows to be false, shall be punished..." Thus the offence is the fraudulent use of an instrument for weighing that the user knows to be false; mere possession or use of other measuring instruments is not covered by the text.
2. (C) The provision provides: the offender "shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both." Therefore the maximum term is one year and the punishment may be imprisonment, a fine, or both.
3. (B) Section 264 specifies "fraudulently uses any instrument for weighing which he knows to be false." The offence is committed by fraudulent use; mere possession without such use is not made punishable by the text.
4. (C) Section 264 requires conduct where one "fraudulently uses any instrument for weighing which he knows to be false." The text therefore includes the element of the user's knowledge that the instrument is false; honest belief in accuracy would not satisfy that requirement.
5. (C) The provision criminalises where one "fraudulently uses any instrument for weighing which he knows to be false." This language requires both fraudulent use and knowledge that the instrument is false; neither element alone matches the text.
6. (A) Section 265 expressly penalises anyone who '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.' The other options are not mentioned in this provision.
7. (B) Section 265 provides punishment by 'imprisonment of either description for a term which may extend to one year, or with fine, or with both.' Therefore the maximum term of imprisonment under this section is one year.
8. (C) Section 265 criminalises those who 'fraudulently uses' false weights or measures or uses any weight or measure 'as a different weight or measure from what it is.' The requirement of fraudulent use shows that innocent or accidental use without intent to defraud is not covered by this provision.
9. (B) Section 265 covers both 'fraudulently us[ing] any false weight' and 'fraudulently us[ing] any weight ... as a different weight or measure from what it is.' Thus using a genuine weight while fraudulently misrepresenting it as a different weight falls within the section.
10. (D) Section 265 specifically refers to false weights or false measures 'of length or capacity' and to using any weight or measure as a different weight or measure. Misrepresenting temperature with a thermometer is not a weight or a measure of length or capacity and so is outside the scope of this provision.
11. (A) Section 266 penalises possession of an instrument which "he knows to be false, intending that the same may be fraudulently used." Thus both knowledge of falsity and an intention for fraudulent use are required. Mere negligence is not mentioned.
12. (B) The provision states punishment with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Therefore the maximum imprisonment term is one year.
13. (C) The section punishes possession of a false instrument when the possessor "intending that the same may be fraudulently used." This shows that actual use is not required; the intention that it may be fraudulently used suffices.
14. (D) Section 266 requires possession of an instrument "which he knows to be false." Therefore mere possession without knowledge of falsity does not fulfil the statutory requirement. Knowledge of falsity is an essential element.
15. (A) The provision uses the language "intending that the same may be fraudulently used" and does not limit this intention to use by the possessor personally. Thus the statute requires an intention of fraudulent use but does not specify it must be by the possessor.
16. (A) Section 267 punishes ‘whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure... which he knows to be false, in order that the same may be used as true...’. Thus making a known false weight with intent that it be used as true falls squarely within the section.
17. (B) The provision applies to instruments ‘which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true’. This requires knowledge and either the intent (‘in order that’) or the foresight that it is likely to be used as true.
18. (C) Section 267 speaks of an instrument ‘which he knows to be false’. If the maker honestly believes the weight to be correct, the required knowledge is absent and the offence under this section is not made out.
19. (D) Section 267 criminalises making, selling or disposing of an instrument ‘which he knows to be false’. If the instrument is actually accurate, the statutory requirement of falsity is missing, so Section 267 does not apply.
20. (A) The provision is framed with an 'or' — it covers instruments made/sold ‘in order that the same may be used as true, or knowing that the same is likely to be used as true’. Thus either the specific intent or the knowledge that it is likely to be used as true suffices.