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BNS Section 203

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 203

Public servant unlawfully buying or bidding for property

Section 203 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of a 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.


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BNS-203: Public Servant Unlawfully Buying or Bidding for Property

Key Points:

 

  1. Who is Covered:
     

    • This section applies to public servants who are legally prohibited from purchasing or bidding for specific property. Their official position may grant them inside information or undue influence over such transactions, hence the restriction.
       

  2. The Offense:
     

    • The offense is committed when a public servant, despite being legally bound not to engage in certain property transactions, purchases or bids for such property. The purchase can be made:
       

      • In the public servant’s own name,
         

      • In the name of another person,
         

      • Jointly with others,
         

      • Or through shares in the property.
         

  3. Punishment:
     

    • A convicted public servant may face:
       

      • Simple imprisonment of up to two years,
         

      • A fine,
         

      • Or both.
         

      • Additionally, any property acquired unlawfully under these conditions shall be confiscated.
         

  4. Objective:
     

    • The law aims to prevent conflict of interest and ensure that public servants do not exploit their positions for personal financial gain through improper property transactions.


Offence : Public servant unlawfully buying or bidding for property.


Punishment : Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Magistrate of the first class.




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