Section 203 BNS: Public servant unlawfully buying or bidding for property

Bharatiya Nyaya Sanhita, 2023

Section 203 BNS at a Glance

Section 203 BNS deals with public servant unlawfully buying or bidding for property. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 169 IPC on 1 July 2024.

Punishment

Simple imprisonment for up to two years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 169 →

Section 203 BNS Bare Act Text

203. Public servant unlawfully buying or bidding for property

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.

Source: Section 203, Bharatiya Nyaya Sanhita, 2023

Section 203 BNS in Simple Words

Section 203 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who is not allowed to buy or bid for certain property, but still does so. The law targets situations where the officer has a duty connected with that property, or where their official position gives them an unfair advantage. It is meant to stop abuse of public office for private gain.

This section applies only to a public servant. The misconduct is not just ownership or purchase in the ordinary sense. It must involve a legal prohibition arising from the public servant's official role.

In practice, this section matters in government auctions, sale of attached property, recovery proceedings, and similar transactions where neutrality is expected. If a public servant uses their position to secure property that they should not lawfully buy or bid for, the law treats it as an offence because public trust is involved.

Ingredients of Section 203 BNS

  • A public servant who is legally bound, as such public servant, not to purchase or bid for certain property
  • Purchase of that property, or a bid for it, by that public servant in his own name or in the name of another, or jointly, or in shares with others
  • Confiscation of the property if it was purchased

Punishment Under Section 203 BNS

Imprisonment

Simple imprisonment for up to two years.

Fine

The offender may be punished with fine alone or with both simple imprisonment and fine. The property, if purchased, shall also be confiscated.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

A public servant purchasing or bidding for property he is legally bound not to purchase or bid for carries simple imprisonment for up to two years, or fine, or both, and confiscation of the property if purchased.

Example of Section 203 BNS

A public servant is legally bound, as such public servant, not to purchase or bid for a certain property. At the sale of that property he bids for it in the name of another person. He is liable under Section 203 BNS, and if the property is purchased it shall be confiscated.

When Section 203 BNS Does Not Apply

  • The accused was not a public servant
  • The accused was not legally bound, as such public servant, not to purchase or bid for the property
  • The accused neither purchased nor bid for the property, in his own name or in the name of another, or jointly, or in shares with others
  • The act is engaging in trade by a public servant who is legally bound not to do so, which is punished under Section 202 BNS

Section 203 BNS in the IPC (Previous Law)

Section 203 BNS replaces Section 169 IPC from the old criminal code.

Section 169 IPC is now Section 203 BNS, with the same title, the same words and the same punishment.

View IPC Section 169 →

FAQs on Section 203 BNS

Who can be punished under Section 203 BNS?▼

Only a public servant can be punished under this section. The key point is that the person must have been under a legal bar from buying or bidding for the property because of their official position.

Is every purchase by a government officer illegal under Section 203 BNS?▼

No. The section does not ban all purchases by public servants. It applies only when the law specifically prohibits them, as such public servants, from buying or bidding for that property.

What is the punishment under Section 203 BNS?▼

The punishment is simple imprisonment up to two years, or fine, or both, and the property, if purchased, shall be confiscated.

Has Section 203 BNS been removed in the new criminal law?▼

No, it has been carried forward and is in force under Section 203 of the Bharatiya Nyaya Sanhita, 2023.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·