Section 270 — False weights and measures
English translation
Whoever uses or possesses for use a weighing, measuring, gauging, or other calculating instrument that is of an incorrect standard, in order to gain an unfair advantage in trade or in any other business, shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 270 opens the Title on Offences Relating to Trade, protecting fair dealing in commerce. Its elements are: (1) using or possessing for use a weighing, measuring, gauging, or other calculating instrument; (2) that is of an incorrect standard; and (3) with intent to gain an unfair advantage in trade or any other business. The wrong lies in the manipulated instrument and the intent to cheat, not in any particular completed sale. In practice the conduct also breaches the Weights and Measures Act, so a single act violates several laws; where penalties differ, the court applies the heaviest applicable provision, and the more favourable law governs where a later statute reduces the penalty.
Why this matters in practice
This offence typically appears at markets, fuel stations, and shops where scales or meters are rigged to shortchange customers. Because it overlaps with the Weights and Measures Act, charges usually cite both, and the court punishes under the heaviest applicable provision as a single act. Exposure under Section 270 is up to three years, but fines and, for repeat or serious conduct, actual imprisonment have been imposed to deter the practice. Where a later, more lenient statute applies, the accused benefits from the law most favourable to him. Possession with intent to use is enough, so a rigged instrument on the premises can suffice.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 739/2545 (2002)
Possessing and using an inaccurate scale to cheat is a single act that violates both the Weights and Measures Act and Section 270 of the Penal Code, and the court punishes under the heaviest applicable provision.
The defendants were caught with an inaccurate scale, weights, and a balance beam and charged under the Weights and Measures Act B.E. 2466 and Penal Code Section 270. The court found the possession and use of the incorrect scale to be a single act violating several laws.
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Supreme Court Judgment No. 4165/2543 (2000)
Using an inaccurate scale in trade is a serious offence warranting punishment to deter others, and the court may decline to suspend the sentence given the harm to fair commerce.
The defendant pleaded guilty to charges under the Weights and Measures Act B.E. 2466 and Penal Code Section 270 as a single act violating several laws, punished under Section 270 as the heaviest provision. The courts imposed six months imprisonment and declined to suspend it, a decision upheld as appropriate.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What does Section 270 punish?
It punishes using or holding for use a scale, measure, gauge, or calculating instrument set to the wrong standard in order to gain an unfair advantage in trade, with imprisonment of up to three years, a fine, or both.
Does the Weights and Measures Act also apply?
Yes. The same conduct usually breaches the Weights and Measures Act as well, so it is a single act violating several laws, and the court punishes under the heaviest applicable provision.