OF OFFENCES BY OR RELATING TO PUBLIC SERVANTSCentral

Section 203 of The Bharatiya Nyaya Sanhita, 2023

Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.

Summary

Public servants are prohibited from purchasing or bidding on property they are legally restricted from acquiring.
The restriction applies whether the purchase is made in the servant's own name, another person's name, or as part of a joint or shared purchase.
Violations are punishable by simple imprisonment for up to two years, a fine, or both.
Any property purchased in violation of this section is subject to confiscation.

Practical examples

1Vikram, a government auctioneer, is legally forbidden from buying assets from a local tax foreclosure on December 10, 2025, but he uses his cousin's name to bid on a cheap apartment.

2Neha, a public officer overseeing a state forest land sale, secretly buys a share in a commercial timber plot being sold under her department's jurisdiction.

FAQ

1. What is the maximum penalty for a public servant who violates this section?

The penalty is simple imprisonment for a term that may extend to two years, a fine, or both.

2. Does this law apply if the public servant buys the property in someone else's name?

Yes, the law applies if the purchase is made in the servant's own name, the name of another, jointly, or in shares with others.

3. What happens to the property if a public servant purchases it unlawfully?

If the property is purchased, it shall be confiscated.

4. Is this offense applicable to all public servants?

It applies to any public servant who is legally bound not to purchase or bid for certain property.

Test yourself

Q1.Under Section 203 of the Bharatiya Nyaya Sanhita, 2023, what happens to the property if a public servant unlawfully purchases it?

Q2.Under Section 203 of the criminal code of 2023, what is the maximum punishment for a public servant who unlawfully buys or bids for property?

Q3.Under Section 203 of the Sanhita of 2023, which of the following purchasing methods is prohibited for the bound public servant?

Q4.Under Section 203 of the 2023 Act, what is the essential prerequisite for this offence to be committed?

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