Public servant unlawfully buying or bidding for property
Section 169 of the Indian Penal Code, 1860 deals with 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 169, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 203 Public servant unlawfully buying or bidding 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 The repealed enactment still governs what happened while it was in force.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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R.haribabu vs T.k.ravichandran
Court's Decision & Legal Precedent
A public servant cannot be convicted under Section 169 IPC for unlawfully purchasing property unless the prosecution adduces acceptable and credible evidence to prove beyond reasonable doubt that the public servant actually purchased or bid for the property either in his own name or in the name of another, or jointly, or in shares with others. Mere suspicion, circumstantial involvement, or signing as a witness to a transaction is insufficient to establish guilt. The burden of proof lies on the complainant to establish the essential ingredients of the offence with concrete evidence.
On this section: Section 169 IPC prohibits public servants from purchasing or bidding for certain property either in their own name or in the name of another, or jointly, or in shares with others. The court examined whether the respondent, as a Revenue Inspector, violated this provision by purchasing the property in question.
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Rasik Behari Mathur vs State
Court's Decision & Legal Precedent
A public servant cannot be prosecuted under Section 168 IPC for merely providing his signature on family property documents for obtaining a loan when: (1) he has already notified his employer about the family business involvement; (2) the property has been legitimately partitioned among family members; (3) his signature is required only as a formality since the original title is in his name; and (4) a single transaction or isolated act cannot constitute 'trade' within the meaning of Section 168 IPC. Similarly, criminal misconduct under Section 13(1)(d) of the Prevention of Corruption Act cannot be established merely by virtue of a public servant owning family property or providing signature for family loan transactions without evidence of corrupt or illegal means of obtaining pecuniary advantage or abuse of official position.
On this section: Public servant unlawfully buying or bidding for property - cited by petitioner's counsel as alternative consideration but not the basis of charges
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 169
What have the courts held on Section 169 of the Indian Penal Code?
R.haribabu vs T.k.ravichandran (06 Jun 2024) is the leading judgment on this section among those set out below: Section 169 IPC prohibits public servants from purchasing or bidding for certain property either in their own name or in the name of another, or jointly, or in shares with others. The court examined whether the respondent, as a Revenue Inspector, violated this provision by purchasing the property in question. Another 1 judgment on this section is set out below. They run from 2007 to 2024.
How do I find court cases under Section 169 of the Indian Penal Code?
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: IPC 169, section 169 IPC, section 169 of the Indian Penal Code. People searching for it also type ipc 169 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with R.haribabu vs T.k.ravichandran (06 Jun 2024).
What should I read with Section 169 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 203 (Public servant unlawfully buying or bidding for property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 169 of the Indian Penal Code come into force?
Section 169 of the Indian Penal Code, cited as IPC 169, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.