Can a public servant concerned in sale, purchase or bid for a property?

Question: Can a public servant concerned in sale, purchase or bid for a property?

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Answer

Public Servants include government employees, officers in the military, navy, or air force; police, judges, officers of the Court of Justice, and any local authority established by a central or state Act.

Section 481 in the Code of Criminal Procedure, 1973 lays down the provision whether a Public servant concerned in sale can purchase or bid for a property. The section states that a public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.

If any public servant acts contrary to this provision, it is a punishable offence under section 169 of the Indian Penal Code, 1860.

According to section 169 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.

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