Code
Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, 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.
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.
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.
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.
