Indian criminal law | IPC and BNS guide
IPC Section 185 and BNS Section 220: Illegal Purchase or Bid at a Public Auction
Buying property for a person who is legally barred from purchasing it at an official sale, or bidding without intending to fulfil the bid obligations, can be a criminal offence. The earlier rule in Section 185 of the Indian Penal Code, 1860, is carried forward in Section 220 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Current law: Section 220 of the Bharatiya Nyaya Sanhita, 2023
Section 220, titled Illegal purchase or bid for property offered for sale by authority of public servant, applies where property is sold under the lawful authority of a public servant and a person either:
- Purchases or bids for property for themselves or another person whom they know is legally incapable of purchasing that property at that sale; or
- Bids for property without intending to perform the obligations undertaken through the bid.
The punishment is imprisonment of either description for a term extending to one month, or a fine extending to Rs. 200, or both. The monetary maximum is unchanged from the earlier IPC provision. Consult the official BNS text on India Code, Section 220.
Earlier law: Section 185 of the Indian Penal Code, 1860
IPC Section 185 addressed the same two kinds of conduct at a sale held under the lawful authority of a public servant: knowingly bidding or purchasing on behalf of a legally disqualified buyer, and making a bid without an intention to honour the resulting obligations. It prescribed imprisonment of either description for up to one month, or a fine up to Rs. 200, or both.
The BNS took effect on 1 July 2024. For conduct predating the change, the IPC and applicable saving and transitional provisions may remain relevant. The date of the alleged conduct should be checked before choosing the applicable penal provision.
Essential ingredients of the offence
- Official sale: The property is offered at a sale held under the lawful authority of a public servant acting in that capacity.
- Purchase or bid: The accused purchases or bids for the property.
- Prohibited conduct: Either the buyer is known to be under a legal incapacity to buy at that sale, or the bidder does not intend to fulfil the obligations of the bid.
- Required state of mind: Knowledge of the legal incapacity, or absence of intention to perform the bid obligations, must be established as applicable.
A legal incapacity is a disqualification imposed by applicable law or a legally binding rule governing that sale. Merely being unable to afford the property, or failing to complete a purchase because of a later genuine difficulty, does not automatically establish this offence.
Practical illustrations
1. Bidding for a legally disqualified purchaser
An official auction prohibits a particular person from purchasing the property under a valid legal restriction. Another individual, knowing of that restriction, bids for the prohibited purchaser. The conduct may attract Section 220.
2. Sham bid without intention to pay
A person bids at an official auction solely to manipulate the process, having no intention from the outset of complying with the payment and other obligations of the bid. This may fall within the second part of Section 220.
3. Genuine later default
A bidder genuinely intends to pay but later encounters an unforeseen financing problem. A contractual or auction-rule consequence may follow, but the prosecution would still need to establish the relevant criminal ingredients; default alone is not conclusive proof of the original dishonest intention.
Punishment and classification
| Current provision | BNS Section 220 |
|---|---|
| Corresponding earlier provision | IPC Section 185 |
| Imprisonment | Either description, up to one month |
| Fine | Up to Rs. 200 |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Trial court | Any Magistrate |
The classification is specified in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), First Schedule. In a non-cognizable case, the police ordinarily require a Magistrate's order to investigate; the applicable procedure and facts must be considered.
Difference from nearby offences
BNS Section 219 (earlier IPC Section 184) concerns intentional obstruction of a sale held under the lawful authority of a public servant. Section 220 instead concerns a prohibited purchase or bid, including a bid made without intending to honour its obligations. BNS Section 203 (earlier IPC Section 169) addresses a public servant unlawfully purchasing or bidding for property in breach of a legal prohibition applicable to that public servant.
Frequently asked questions
Is every unsuccessful auction bid a criminal offence?
No. Section 220 concerns the specified prohibited conduct, including bidding without intending to perform the obligations. A genuine unsuccessful bid or subsequent inability to pay does not by itself prove the offence.
What is the fine under BNS Section 220?
The maximum statutory fine is Rs. 200. This figure is confirmed in the official BNS text and should not be confused with the higher fine under BNS Section 219.
Is BNS Section 220 bailable?
Yes. It is classified as bailable and non-cognizable, triable by any Magistrate, under the BNSS First Schedule.
Does IPC Section 185 still matter?
Yes. It remains relevant to conduct governed by the earlier law, subject to repeal, savings and transition rules. BNS Section 220 is the corresponding provision for the current regime.
Official legal references
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) — Section 220.
- Ministry of Home Affairs: New Criminal Laws — official BNS, BNSS and BSA publications.
- National Crime Records Bureau: BNS provisions — text of Section 220 and related offences.
This article provides general legal information. The facts of the auction, the governing sale rules, and the applicable version of the legislation determine the legal outcome.