Section 169 IPC: Public servant unlawfully buying or bidding for property

Indian Penal Code, 1860

Section 169 IPC at a Glance

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

Punishment

Simple imprisonment for up to two years.

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

Section 203 →

Section 169 IPC Bare Act Text

169. 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 169, Indian Penal Code, 1860

Section 169 IPC in Simple Words

Section 169 of the Indian Penal Code (IPC) punishes a public servant who is legally bound, as such public servant, not to purchase or bid for certain property and who purchases or bids for that property. It covers a purchase or bid made in his own name or in the name of another, or jointly, or in shares with others.

The punishment is simple imprisonment for up to two years, or fine, or both, and the property, if purchased, shall be confiscated. The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 169 IPC

  • The accused was a public servant
  • The accused was legally bound, as such public servant, not to purchase or bid for certain property
  • The accused purchased or bid for that property, in his own name or in the name of another, or jointly, or in shares with others

Punishment Under Section 169 IPC

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 169 IPC

In 2021 in Nagpur, Harish was a tehsildar conducting an official auction of attached agricultural land and was a public servant. As such public servant, Harish was legally bound not to purchase or bid for that land. Despite that prohibition, Harish arranged with his cousin Pranav to buy the land in shares with him, and together they bid for and purchased the land at the auction. Because Harish was a public servant legally bound as such not to purchase or bid for that land and purchased it in shares with another, the land must be confiscated and Harish is punishable under Section 169 IPC.

When Section 169 IPC Does Not Apply

  • The person who buys or bids for the property does not hold office as a public servant.
  • The public servant is under no legal prohibition, in his capacity as such public servant, against buying or bidding for that particular property.
  • The public servant does not purchase or bid for the property either in his own name, in someone else's name, jointly, or in shares with others.
  • The public servant's unlawful conduct consists of carrying on a commercial trade rather than buying or bidding for specific prohibited property, which is dealt with under Section 168 IPC.

Section 169 IPC in the BNS

Section 169 IPC is now covered under Section 203 BNS.

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

View detailed comparison (IPC 169 vs BNS 203) →

FAQs on Section 169 IPC

What does Section 169 IPC provide?▼

It punishes a public servant who is legally bound, as such public servant, not to purchase or bid for certain property and who purchases or bids for that property.

What is the punishment under Section 169 IPC?▼

Simple imprisonment for up to two years, or fine, or both.

What happens to the property under Section 169 IPC?▼

If the public servant purchased the property, it shall be confiscated.

Does Section 169 IPC cover a purchase or bid made in another person's name?▼

Yes. The section covers a purchase or bid made in his own name or in the name of another, or jointly, or in shares with others.

How does Section 169 IPC differ from Section 168 IPC?▼

Section 168 IPC punishes a public servant who is legally bound not to engage in trade and engages in trade, with simple imprisonment of up to one year, or fine, or both. Section 169 IPC punishes a public servant who is legally bound not to purchase or bid for certain property and does so, with a longer term and with confiscation of the property if purchased.

Is an offence under Section 169 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 169 IPC?▼

A Magistrate of the first class.

Can an offence under Section 169 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 169 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 203 BNS.

Have questions about Section 169 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·