IPC Section 185 - Illegal Purchase or Bid for Property Offered for Sale by Authority of Public Servant

Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for, obtains or attempts to obtain, such property for a consideration which he knows to be inadequate, or under any terms and conditions which he knows to be unauthorized by such lawful authority, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Share:
Bailable, Non-cognizable

Official Text

“Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for, obtains or attempts to obtain, such property for a consideration which he knows to be inadequate, or under any terms and conditions which he knows to be unauthorized by such lawful authority, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.”

Legal Analysis

Elements to Prove:

  • The accused participated in a public sale.
  • The sale was held by lawful authority of a public servant.
  • They used inadequate consideration or unauthorized terms.
  • They knew the consideration was inadequate or terms unauthorized.

Potential Defenses:

  • The accused had no knowledge of inadequacy.
  • The terms were not unauthorized.
  • The consideration was adequate.
  • The accused was acting in good faith.

Practical Examples

What Constitutes the Offense:

A person bidding below market value at a government auction, or using unauthorized methods to obtain property.

What Doesn't Constitute:

A person making a legitimate low bid, or participating in accordance with auction rules.

Important Case Laws

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

The Supreme Court held that this section applies to improper participation in public sales with inadequate consideration.

Punishment

Imprisonment for up to 1 month, or Fine up to ₹500, or both

Related Information

Connected Sections:

This section deals with improper participation in public sales. It is often charged alongside other fraud offenses.

Procedural Aspects:

No government sanction is required. The case is triable by any Magistrate.

← Back to Indian Penal Code