Public servant concerned in sale not to purchase or bid for property
Section 481 of the Code of Criminal Procedure, 1973 deals with public servant concerned in sale not to purchase or bid for property. 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 481, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 527 Public servant concerned in sale not to purchase or bid for property Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Avvaru Subbarayudu vs The State of A.p.
Court's Decision & Legal Precedent
The police will resort to arrest of the accused only when prima facie case is found against any of the accused. Till then, on mere report of the defacto-complainant, law does not permit arresting the named accused persons straight away without there being prima facie proof of the allegations made against them. Criminal petitions seeking to compel arrest and interrogation of accused persons without prima facie evidence constitute abuse of the process of the High Court and abuse of Section 482 CrPC and are not maintainable.
On this section: Prohibition of public servant concerned in a sale not to purchase or bid for property - court held this section has no application to the present case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 481
What have the courts held on Section 481 of the Code of Criminal Procedure?
Avvaru Subbarayudu vs The State of A.p. (31 May 2010) is the leading judgment on this section among those set out below: Prohibition of public servant concerned in a sale not to purchase or bid for property - court held this section has no application to the present case.
How do I find court cases under Section 481 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 481, section 481 CRPC, section 481 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Avvaru Subbarayudu vs The State of A.p. (31 May 2010).
What should I read with Section 481 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 527 (Public servant concerned in sale not to purchase or bid for property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 481 of the Code of Criminal Procedure come into force?
Section 481 of the Code of Criminal Procedure, cited as CRPC 481, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.