Section 220 BNS - Illegal Purchase or Bid for Property Offered for Sale by Authority of Public Servant
Section 220 of the Bharatiya Nyaya Sanhita, 2023 punishes certain prohibited purchases and bids at property sales held under the lawful authority of a public servant, including purchases for persons legally incapable of buying at that sale and bids made without an intention to perform the obligations created by the bid.
Text of Section 220, Bharatiya Nyaya Sanhita, 2023
220. 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 any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Meaning and Scope of Section 220 BNS
Section 220 protects the integrity of property sales held under lawful public authority. It addresses two distinct forms of misconduct: purchasing or bidding for a person who is legally disqualified from purchasing at that sale, and making a bid without intending to honour the obligations created by that bid.
The provision therefore focuses both on legal incapacity and dishonest bidding conduct. The sale must itself be one held under the lawful authority of a public servant acting in that official capacity.
Essential Ingredients of the Offence
Section 220 may apply where the following conditions are present:
- There is a sale of property held under the lawful authority of a public servant.
- The public servant is acting in that official capacity.
- The accused purchases or bids for property at that sale.
- Either the purchase or bid is on behalf of a person whom the accused knows to be legally incapable of purchasing at that sale, or the accused bids without intending to perform the obligations arising from the bid.
Meaning of Public Servant
Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 defines public servant by specifying the categories of persons who fall within that expression. For Section 220, the sale must be one lawfully held under the authority of such a public servant acting as a public servant.
What is Legal Incapacity to Purchase?
The expression legal incapacity to purchase refers to a disqualification imposed by law in relation to the particular sale. The source of such incapacity will depend on the statute, rules, order or legal framework governing that sale.
Bid Without Intention to Perform Obligations
Section 220 separately covers a bid made without an intention to perform the obligations undertaken by bidding. This part of the section is directed at sham or non-genuine bidding where the bidder has no intention of complying with the obligations attached to the bid.
Punishment and Classification under Section 220 BNS
| Maximum imprisonment | Imprisonment of either description up to 1 month |
|---|---|
| Maximum fine | Rs. 200 |
| Alternative punishment | Imprisonment, fine, or both |
| Cognizability | Non-cognizable |
| Bailability | Bailable |
| Court competent to try | Any Magistrate |
Section 220 BNS and Former IPC Section 185
Section 220 BNS corresponds to former Section 185 of the Indian Penal Code, 1860, which dealt with illegal purchase or bid for property offered for sale by authority of a public servant.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Sanhita came into force on 1 July 2024, except the separately excluded provision contained in Section 106(2).
Related BNS Sections
This page provides general legal information. Application of Section 220 depends on the facts, the rules governing the sale, any legal incapacity to purchase, the bidder's intention and the applicable procedural law.