What is Section 185 IPC? Illegal purchase or bid for property
Published on: Lawiz Team
Learn about Section 185 IPC: Illegal purchase or bid for property
Official Legal Text
Whoever, at any sale of property held by the lawful authority of a public servant, knowingly purchases or bids for any property on account of any person who is not allowed to purchase or bid for that property, 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.
What This IPC Section Means – Explained in Simple Words
Section 185 punishes any public servant who, directly or indirectly, buys or bids for property that is being sold by public authority.
Purpose
To prevent conflicts of interest and ensure transparency in public auctions.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 200 rupees, or both.
Key Elements
The public servant must use their position to buy or bid for property that is being sold by public authority.
Punishment Details
Simple imprisonment for a term which may extend to two years, or with fine, or both.
Legal Defenses
If the public servant can prove they did not use their official position or had lawful permission.
Judicial Interpretation
Courts focus on whether the public servant misused their position.
Illustration
If a revenue officer bids for property they are authorized to sell at an auction, they can be punished under Section 185.
FAQs
What does Section 185 IPC define?
Illegal purchase or bid for property offered for sale by authority of public servant.
Where is Section 185 IPC applicable?
It applies to false evidence, obstruction of justice, and non-cooperation with public authorities.
Why is Section 185 IPC important?
It ensures the integrity of judicial and administrative processes by punishing falsehood and obstruction.
Give an example involving Section 185 IPC.
Examples include giving false statements under oath or preventing summons service.
What punishment is applicable under Section 185 IPC?
Punishment ranges from fines to several years of imprisonment based on offence severity.
Is Section 185 IPC linked to other IPC laws?
Yes, especially with laws governing evidence, court proceedings, and public duties.
How have courts interpreted Section 185 IPC?
Courts stress strict adherence to truth and severe penalties for falsehoods and obstruction.