What is Section 169 IPC? Public servant unlawfully buying or bidding for property
Published on: Lawiz Team
Detailed explanation of Section 169 IPC: Public servant unlawfully buying or bidding for property.
Official Legal Text
Whoever, being a public servant, and being legally bound, as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be liable to confiscation.
What This IPC Section Means – Explained in Simple Words
Section 169 punishes any public servant who buys or bids for property they are officially responsible for managing or dealing with.
Purpose
To prevent conflicts of interest and misuse of authority by public servants.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both, and the property acquired shall be confiscated.
Key Elements
The public servant must directly or indirectly buy or bid for property they are in charge of.
Punishment Details
Simple imprisonment for a term which may extend to two years, or with fine, or both, and the property is forfeited.
Legal Defenses
If the public servant can prove they had no control or authority over the property.
Judicial Interpretation
Courts examine whether the public servant used their official position to acquire the property.
Illustration
If a government officer in charge of auctioning seized property bids for the same property, they can be punished under Section 169.
FAQs
What does Section 169 IPC define?
Public servant unlawfully buying or bidding for property.
Where is Section 169 IPC applicable?
It deals with public servant unlawfully buying or bidding for property in public service or criminal situations.
Why is Section 169 IPC significant?
It protects public order, honesty in administration, and discourages criminal misconduct.
Give a real-world example involving Section 169 IPC.
Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.
What punishment is applicable under Section 169 IPC?
Punishment varies from fines to imprisonment based on the offence's seriousness.
Is Section 169 IPC related to other provisions?
Yes, often linked with sections involving corruption, unlawful acts, or government integrity.
How do courts view Section 169 IPC?
Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.