Section 220 BNS: Illegal purchase or bid for property offered for sale by authority of public servant

Bharatiya Nyaya Sanhita, 2023

Section 220 BNS at a Glance

Section 220 BNS deals with illegal purchase or bid for property offered for sale by authority of public servant. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 185 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to one month.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
IPC Equivalent

Section 185 โ†’

Section 220 BNS Bare Act Text

220. Illegal purchase or bid for property offered for sale by authority of public servant

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.

Source: Section 220, Bharatiya Nyaya Sanhita, 2023

Section 220 BNS in Simple Words

Section 220 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a very specific kind of misconduct during public auctions. It applies when a person, knowing that property is being sold by authority of a public servant, either illegally purchases it or makes a bid for it. The law is aimed at protecting the fairness of official sales, where property is sold under legal authority such as by a court, revenue officer, or other public authority.

This section matters because public auctions must be open, honest, and free from manipulation. If someone tries to interfere by bidding when they are not allowed to, or buys property in a manner prohibited by law, the process can be distorted and genuine bidders can be harmed. The offence does not focus on fraud in the usual sense.

It focuses on unlawful participation in a sale conducted by public authority. In practice, this provision is used to preserve confidence in government and court-supervised sales. It is a narrow offence, but it can matter in matters involving attached property, auction sales, recovery proceedings, and similar situations where public servants conduct the sale.

Ingredients of Section 220 BNS

  • A sale of property held by the lawful authority of a public servant, as such
  • A purchase or bid on account of a person known to be under a legal incapacity to purchase, or a bid made without intending to perform the obligations of the bid

Punishment Under Section 220 BNS

Imprisonment

Imprisonment of either description for up to one month.

Fine

Fine of up to two hundred rupees, alone or with imprisonment.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Illegal purchase or bid at a sale held by the lawful authority of a public servant carries imprisonment of either description for up to one month, or fine of up to two hundred rupees, or both.

Example of Section 220 BNS

A revenue officer holds a lawful sale of a plot of land. Swati knows that Imran is under a legal incapacity to purchase that plot at that sale. She bids for the plot on account of Imran. Swati is liable under Section 220 BNS.

When Section 220 BNS Does Not Apply

  • The sale was not held by the lawful authority of a public servant, as such
  • The person on whose account the bid was made was not under a legal incapacity to purchase that property at that sale
  • The bidder did not know that the person on whose account he bid was under that legal incapacity
  • The bidder intended to perform the obligations under which he laid himself by the bid

Section 220 BNS in the IPC (Previous Law)

Section 220 BNS replaces Section 185 IPC from the old criminal code.

Section 185 IPC is now Section 220 BNS, with the same title, the same words and the same punishment.

View IPC Section 185 โ†’

FAQs on Section 220 BNS

What does Section 220 BNS punish in simple words?โ–ผ

It punishes illegal bidding or illegal purchase of property that is being sold under the authority of a public servant. The law is meant to stop people from interfering with official sales. It applies only when the sale is legally conducted by public authority.

Under Section 220 BNS, does every bid in a government auction become an offence?โ–ผ

No. A normal bid in a lawful auction is not an offence. The section applies only when the bid or purchase is illegal, such as where the person is barred by law or bids without intending to perform the obligations of the bid.

Is Section 220 BNS a serious criminal offence?โ–ผ

No, it is a minor offence under the BNS. The punishment is imprisonment of either description for up to one month, or fine up to two hundred rupees, or both. In practice, it is rarely invoked compared to more serious offences.

Does Section 220 BNS apply if someone bids without intending to pay?โ–ผ

Yes. Section 220 BNS punishes a person who bids for property at an official sale without intending to perform the obligations created by that bid, as well as purchasing or bidding on account of a person known to be under a legal incapacity to purchase the property at that sale.

Have questions about Section 220 BNS?

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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 ยท Last updated: 16 Oct 2026 ยท