BNS Section 185 - Illegal Purchase of Property
Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of, or in trust for, any person, knowing that such person would not be qualified to purchase the property in question at such sale.
Official Text
“Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of, or in trust for, any person, knowing that such person would not be qualified to purchase the property in question at such sale.”
Legal Analysis
Elements to Prove:
- Purchase or bid at public sale.
- On account of disqualified person.
- Knowledge of disqualification.
Potential Defenses:
- No knowledge of disqualification.
- Lawful purchase.
- Authorized transaction.
Practical Examples
What Constitutes the Offense:
Bidding on behalf of disqualified persons, using proxies to circumvent restrictions, fraudulent purchases.
What Doesn't Constitute:
Lawful bidding, authorized purchases, or good faith transactions.
Punishment
Imprisonment up to 1 month, or Fine up to ₹1,000, or both