Section 527 BNSS: Public servant concerned in sale not to purchase or bid for property (Formerly Section 481 CrPC)

Section 527 of Bharatiya Nagarik Suraksha Sanhita, 2023: Public servant concerned in sale not to purchase or bid for property

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 527

Section 527 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 481 of the CrPC, 1973) strictly prohibits any public servant concerned in the sale of property under this Sanhita from purchasing or bidding for such property.

Absolute Bar on Bidding / Purchasing: A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property.
Anti-Corruption & Integrity Safeguard: Applies to police officers, court auctioneers, malkhana moharrirs, revenue collectors, and court nazirs.
Nullity of Sale: Any auction purchase made directly or indirectly in violation of this prohibition is void and subjects the public servant to disciplinary and criminal prosecution.

Key Landmark Precedents:

K.L. Subbayya v. State of Karnataka, (1979) 2 SCC 115: Discussed the strict accountability standards required of public servants conducting statutory auctions.
State of Gujarat v. Babulal, 1981 Cri LJ 1752: Affirmed that public servants cannot exploit official auctions for private enrichment.

Courtroom Practice & Strategic Litigation Guidance:

In property auctions conducted under Section 461, 504, or 505, verify the identity of the highest bidder; if the buyer is a relative, proxy, or agent of the auctioning police or court official, move the Magistrate to cancel the sale under Section 527.