IPC Section 169 - 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 for others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.

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Bailable, Cognizable

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 that property, either in his own name or in the name of another, or jointly, or in shares for others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.”

Legal Analysis

Elements to Prove:

  • The accused was a public servant.
  • They were legally bound not to purchase or bid for certain property.
  • They purchased or bid for that property.
  • The purchase or bid was in violation of the prohibition.

Potential Defenses:

  • The accused was not a public servant.
  • No legal prohibition existed.
  • The property was not prohibited.
  • The accused was acting under authorization.

Practical Examples

What Constitutes the Offense:

A government official buying property they are not allowed to purchase, or bidding for government contracts in violation of rules.

What Doesn't Constitute:

A public servant buying property they are allowed to purchase, or acting under proper authorization.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that this section applies when public servants violate rules prohibiting them from purchasing certain properties.

Punishment

Simple imprisonment for up to 2 years, or Fine, or both; and confiscation of property

Related Information

Connected Sections:

This section deals with prohibited property transactions by public servants. It is often charged alongside other misconduct offenses.

Procedural Aspects:

Prosecution requires sanction from the competent authority. The case is triable by a Magistrate of the first class.

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