IPC Section 169: Public Servant Unlawfully Buying or Bidding for Property

Whoever, being a public servant, corruptly, or being a member of a committee or other body of public servants corruptly, by himself or by any other person on his behalf, buys or bids for any property, movable or immovable, which he or they are, as such public servant or member, or which the committee or other body of which he is a member, is legally empowered to sell or let, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation

This section deals with the corrupt practices of public servants who attempt to purchase or bid for property that they are legally empowered to sell or lease. It makes it a punishable offense for public servants to engage in such activities when there is an element of corruption involved. Key points to note:

• The public servant must be involved in the sale or lease of the property.
• The act must be done corruptly, meaning with the intention to gain an unfair advantage.
• The public servant can either personally buy or bid for the property or can use someone else to do so on their behalf.

Illustration

Imagine a government official responsible for auctioning off seized property. This official, instead of conducting a fair auction, decides to bid for the property himself through a friend, aiming to obtain it at a lower price. This would fall under Section 169 as it involves a public servant corruptly bidding for property they are legally empowered to sell.

Common Questions and Answers

Q: Is it illegal for a public servant to buy property from the government, even if they are not directly involved in the sale?

A: This section primarily addresses corrupt practices during the sale or lease process itself. If a public servant buys property from the government through a fair and transparent process where they are not involved in the sale decision, it may not necessarily fall under Section 169. However, any suspicion of favoritism or undue influence can still be investigated.

Q: What is the difference between ‘corruptly’ and ‘illegally’ in this section?

A: While ‘illegally’ implies violating a law, ‘corruptly’ specifically refers to the dishonest and unethical motive behind the act. The public servant must have acted with the intention to gain an unfair advantage or to benefit personally, not just violated the law.