Section 481 CrPC: Public Servant Concerned in Sale Not to Purchase or Bid for Property
Section 481 of the Code of Criminal Procedure, 1973 prohibited a public servant who had a duty in connection with a sale of property under the Code from purchasing or bidding for that property. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 528.
Updated: 19 October 2026
Text of Section 481 CrPC
A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.
The prohibition is direct: a public servant involved in a property sale conducted under the CrPC cannot participate as a purchaser or bidder in that sale. The section does not itself set out a separate punishment or an exception based on the officer's level of involvement.
Section 528 BNSS: Corresponding provision
A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property.
Section 528 BNSS retains the substance of the former Section 481 CrPC. The textual change is the reference to property sales under the Sanhita instead of the Code.
Meaning and scope of the prohibition
- Public servant: The provision concerns a public servant who has a duty connected with the relevant sale. The applicable legal meaning of public servant depends on the governing enactments and facts.
- Any duty in connection with sale: The wording is not confined to the person who conducts the auction. A duty connected to the particular sale may be sufficient.
- Purchase or bid: Both acquiring the property and submitting a bid are prohibited for the public servant covered by the section.
- Sale under criminal procedure law: The provision applies to property sales under the relevant procedural enactment; it is not a blanket rule governing every private sale.
Why does the law prohibit bidding?
The rule is designed to prevent conflicts of interest and protect confidence in the fairness of court-related property disposals. A public servant handling a sale may have access to information or influence over its process. The prohibition avoids the risk that an official duty could be used for personal gain.
Practical illustration
Suppose an officer is assigned official responsibilities in connection with the auction of property ordered to be sold under the applicable criminal procedure law. That officer cannot bid for the property or purchase it. Whether another person acting on the officer's behalf creates an additional violation or legal consequence requires examination of the actual arrangement and other applicable laws.
Section 481 CrPC and Section 528 BNSS
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Provision | Section 481 | Section 528 |
| Subject | Public servant involved in property sale | Same subject |
| Restriction | Cannot purchase or bid | Cannot purchase or bid |
| Applicable sale | Sale under the Code | Sale under the Sanhita |
Repeal and savings under Section 531 BNSS
Section 531 BNSS repeals the CrPC, 1973, subject to specified savings. In particular, certain appeals, applications, trials, inquiries and investigations pending immediately before commencement continue under the former Code as provided by the savings clause. Accordingly, the applicable procedural regime for an individual property sale may depend on the underlying proceeding and transitional facts.
Frequently asked questions
Can a public servant involved in a criminal court property sale bid for it?
No. Section 528 BNSS prohibits a public servant having any duty connected with the sale under the Sanhita from purchasing or bidding for that property.
What was the corresponding provision in the CrPC?
Section 481 of the Code of Criminal Procedure, 1973.
Does Section 528 BNSS prescribe a specific penalty?
The section itself states the prohibition but does not prescribe a separate punishment. Other legal or disciplinary consequences, if any, depend on the facts and applicable law.
Official statutory references
- India Code: Code of Criminal Procedure, 1973 (Section 481)
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 528 and 531)
This article provides general legal information. For a particular sale or pending proceeding, consult the applicable statutory text, notifications and legal advice.