Bharatiya Nyaya Sanhita, 2023 — Section 220

Illegal Purchase or Bid for Property Offered for Sale by Authority of Public Servant

Section 220 punishes whoever, at a sale of property held by the lawful authority of a public servant, purchases or bids for property on account of any person — themselves or another — whom they know to be under a legal incapacity to purchase that property at that sale, or bids without intending to perform the obligations they thereby undertake, with imprisonment of either description for up to one month, or fine of up to two hundred rupees, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 220 to old IPC Section 185, and independently against the text of Section 185 itself in the Indian Penal Code, 1860.

BNS section	IPC, 1860 equivalent	Category
220	185	Exact

Exact: the conduct and punishment, including the fine cap of two hundred rupees, are word-for-word identical to old IPC Section 185.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 1 month, or fine of 200 rupees, or both — non-cognizable, bailable, and triable by any Magistrate. Not compoundable: Section 220 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Purchasing or bidding at a public servant's sale on behalf of a legally incapacitated person, or bidding without intending to perform the resulting obligations

Explanation (Lexovia's Commentary)

At a sale held by the lawful authority of a public servant, a person who purchases or bids for property on account of anyone (including themselves) known to be under a legal incapacity to purchase it at that sale, or who bids without intending to fulfil the obligations that bidding creates, commits this offence.

Illustration (Lexovia's Own Example)

A person, knowing a family member is legally barred from purchasing land at a revenue-authority auction, bids on that member's behalf anyway. This falls within Section 220.

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Related / Cross-Referenced Sections

FAQs

Does this section apply only when someone bids for themselves?

No. It covers bidding or purchasing on account of any person, whether the bidder themselves or someone else, known to be under a legal incapacity to purchase at that sale.

What is the punishment under this section?

Imprisonment of either description up to one month, or fine up to two hundred rupees, or both.

How does this section differ from the old law?

It does not. Section 220 is word-for-word identical to old IPC Section 185.