IPC Section 185: Illegal Purchase or Bid for Property Offered by Public Servant

1. Code

Section 185 of the Indian Penal Code (IPC) states:

“Whoever, being a public servant, corruptly, or by abusing his position as such public servant, or by reason of any illegal gratification received by him, or by any person on his behalf, directly or indirectly, offers for sale, or sells, or causes or permits to be offered for sale or sold, or purchases, or bids for, or causes or permits to be purchased or bid for, any property, movable or immovable, the acquisition of which is prohibited by or under any law for the time being in force relating to public servants, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

2. Explanation

This section deals with the illegal purchase or bid for property offered by a public servant. It prohibits a public servant from engaging in such activities if it is prohibited by law.

• Corruptly: The act must be done with the intention of gaining an illegal advantage or influencing the public servant’s actions.
• Abusing Position: The public servant must be abusing their position to offer or purchase the property.
• Illegal Gratification: Any bribe or reward received by the public servant or someone on their behalf is considered illegal gratification.
• Prohibited Acquisition: The property must be one that is forbidden for public servants to acquire under any relevant law.

3. Illustration

A government officer is prohibited from acquiring land in a specific area. However, he uses his position to obtain a land title in that area for a discounted price. This act would fall under Section 185 because he is acquiring property that he is forbidden from acquiring.

4. Common Questions and Answers

Q: What happens if the public servant is not aware of the law prohibiting the acquisition of the property?

A: Ignorance of the law is not an excuse. The public servant is still liable under this section.

Q: Can this section apply to the purchase of a property by the public servant’s family member?

A: Yes, if the public servant is involved in the purchase or bid, or if the family member acquired the property due to the public servant’s influence or position, this section may apply.

Q: What is the punishment for violating this section?

A: The punishment can include imprisonment of up to two years, a fine, or both.