BNS Section 207 - Public Servant Unlawfully Buying or Bidding for Property
Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others.
Official Text
“Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for property, either in his own name or in the name of another, or jointly, or in shares with others.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Legally bound not to purchase.
- Purchasing or bidding for property.
Potential Defenses:
- Not a public servant.
- No purchase restriction.
- Authorized transaction.
Practical Examples
What Constitutes the Offense:
Government officials buying restricted properties, public servants bidding on prohibited items, officials circumventing purchase restrictions.
What Doesn't Constitute:
Authorized purchases, legitimate bidding, or lawful property transactions.
Punishment
Imprisonment up to 2 years, or Fine, or both