Indian Penal Code, 1860
Section 185
repealedIllegal 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.
Why this exists
This provision protects the fairness of official sales — such as auctions of seized goods, court-ordered sales, or tax recovery auctions — conducted under a public servant's authority. Colonial-era lawmakers worried that dishonest bidders could disrupt these sales either by fronting for people barred from buying (like insolvents or minors in some contexts) or by placing fake bids to drive up prices or block genuine buyers, never intending to pay. The law aimed to preserve public confidence in state-run sales.
Common misconceptions
- Myth: This section only applies to court auctions.
Fact: It applies broadly to any sale of property conducted under the lawful authority of a public servant, not just court-ordered sales. - Myth: You must actually complete the illegal purchase to be punished.
Fact: Simply bidding with the intent to help a legally incapable buyer, or bidding without intending to honor the obligation, is enough — actual completion of the sale isn't required.