CrPC Section 481: Public Servant Sale Prohibition – Bidding Restrictions

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CrPC Section 481: Public Servant Sale Prohibition – Bidding Restrictions

This section deals with the prohibition of public servants from bidding for the sale of property seized or attached under the Code of Criminal Procedure (CrPC). It restricts their participation in such sales to prevent potential conflicts of interest and ensure fairness in the process.

Explanation:

CrPC Section 481 explicitly prohibits any public servant from bidding for property that has been seized or attached under the CrPC. This prohibition extends to any property sold through auction or tender.

The rationale behind this prohibition is to prevent any undue influence or advantage that a public servant might have in the bidding process. It safeguards the integrity of the sale and ensures a fair and transparent outcome.

Illustration:

Consider a situation where a police officer has seized property belonging to a suspect in a criminal case. The property is scheduled for sale through public auction. According to CrPC Section 481, the police officer is prohibited from participating in the bidding for the seized property. This ensures that the sale is conducted fairly and without any bias or manipulation from the officer.

Common Questions and Answers:

Q: Who is considered a “public servant” under this section?

A: The term “public servant” encompasses all individuals employed in the government, including police officers, magistrates, and other officials.

Q: What happens if a public servant violates this section?

A: A public servant who violates this section can be subject to disciplinary action and potentially face criminal charges.

Q: Does this section apply to all types of property?

Also Read  Section 383 CrPC: Procedure for Appellants in Jail - Indian Criminal Procedure Code

A: Yes, this section applies to all types of property that are seized or attached under the CrPC.

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