Section 185 IPC: Illegal purchase or bid for property offered for sale by authority of public servant

Indian Penal Code, 1860

Section 185 IPC at a Glance

Section 185 IPC 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; from 1 July 2024 it is replaced by Section 220 BNS.

Punishment

Imprisonment of either description for up to one month.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 220 →

Section 185 IPC Bare Act Text

185. 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 185, Indian Penal Code, 1860

Section 185 IPC in Simple Words

Section 185 of the Indian Penal Code (IPC) punishes a person who, at a sale of property held by the lawful authority of a public servant, purchases or bids for any property on account of any person whom he knows to be under a legal incapacity to purchase that property at that sale. It also punishes a person who bids for such property not intending to perform the obligations under which he lays himself by the bidding.

The punishment is imprisonment of either description for up to one month, or fine of up to two hundred rupees, or both. The offence is non-cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 185 IPC

  • The sale of the property was held by the lawful authority of a public servant, as such
  • The accused purchased or bid for property at that sale, either for himself or for any other person
  • In the first case, the accused purchased or bid on account of a person whom he knew to be under a legal incapacity to purchase that property at that sale
  • In the second case, the accused bid for the property not intending to perform the obligations under which he lays himself by the bidding

Punishment Under Section 185 IPC

Imprisonment

Imprisonment of either description for up to one month.

Fine

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

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

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 185 IPC

In 2017 in Bhopal, a tax recovery officer, acting as a public servant with lawful authority, held a public sale of attached machinery. At that sale, Vikram bid for and purchased a lathe on account of Harish, whom Vikram knew to be under a legal incapacity to purchase that machinery at that sale. Vikram also bid for a generator at the sale not intending to perform the obligations under which he laid himself by such bidding. Vikram is punishable under Section 185 IPC.

When Section 185 IPC Does Not Apply

  • Section 185 IPC does not apply when the sale of property is conducted privately and not under the lawful authority of a public servant acting in an official capacity.
  • Section 185 IPC does not apply when the person for whom the property is bought or bid for is legally eligible to purchase it at that sale.
  • Section 185 IPC does not apply when the bidder is unaware that the person on whose behalf the bid is placed is legally disqualified from buying the property.
  • Section 185 IPC does not apply when a qualified buyer bids in good faith intending to fulfill all payment and contractual obligations of the bid, even if later unable to pay.

Section 185 IPC in the BNS

Section 185 IPC is now covered under Section 220 BNS.

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

View detailed comparison (IPC 185 vs BNS 220) →

FAQs on Section 185 IPC

What does Section 185 IPC provide?▼

It punishes a person who, at a sale held by the lawful authority of a public servant, purchases or bids for property on account of a person he knows to be under a legal incapacity to purchase it, or bids not intending to perform the obligations of the bid.

What is the punishment under Section 185 IPC?▼

Imprisonment of either description for up to one month, or fine of up to two hundred rupees, or both.

How does Section 185 IPC differ from Section 184 IPC?▼

Section 185 IPC punishes an illegal purchase or bid at the sale. Section 184 IPC punishes obstructing the sale of property offered for sale by authority of a public servant.

Does Section 185 IPC require knowledge of the legal incapacity?▼

Yes. For a purchase or bid on account of any person, whether himself or any other, the accused must know that the person is under a legal incapacity to purchase that property at that sale.

Is an offence under Section 185 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 185 IPC?▼

Any Magistrate.

Can an offence under Section 185 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 185 IPC in the Bharatiya Nyaya Sanhita?▼

In 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, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·