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KembaraXtra - Bharatiya Nyaya Sanhita - Section 220: Illegal Purchase or Bid for Property Offered for Sale by Authority of Public Servant
Introduction
Section 220 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with improper participation in a sale of property conducted under the lawful authority of a public servant.
The section targets two forms of misconduct:
- Purchasing or bidding on behalf of a person who is legally disqualified from purchasing the property at that sale, with knowledge of that incapacity; and
- Bidding without intending to perform the obligations created by the bid.
The central idea is:
LAWFUL PUBLIC SALE + DISQUALIFIED PURCHASER OR SHAM BID = SECTION 220
Q1. What does Section 220 punish?
Answer:
Section 220 punishes a person who, at a sale of property held under the lawful authority of a public servant:
- Purchases or bids for property on behalf of himself or another person whom he knows to be legally incapable of purchasing that property at that sale; or
- Bids for the property without intending to perform the obligations created by that bid.
Q2. What is the object of Section 220?
Answer:
The object is to protect the integrity of sales conducted under lawful public authority.
It seeks to prevent:
- Circumvention of legal disqualifications;
- Proxy purchases for persons who cannot legally buy;
- Sham or non-genuine bidding;
- Abuse of public sales;
- Disruption of lawful sale procedures.
Q3. Which IPC provision corresponds to Section 220 BNS?
Answer:
According to the supplied comments:
Section 220 BNS = Section 185 IPC
Q4. Has Section 220 changed under the BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
Q5. What are the essential ingredients of Section 220?
Answer:
The essential ingredients are:
- There must be a sale of property;
- The sale must be held under the lawful authority of a public servant;
- The accused must purchase or bid for property at that sale;
- Either:
- The purchase or bid is on behalf of a person under legal incapacity to purchase that property at that sale, and the accused knows of that incapacity; or
- The accused bids without intending to perform the obligations arising from the bid.
Formula
LAWFUL PUBLIC SALE + PURCHASE/BID + LEGAL INCAPACITY OR NO INTENT TO PERFORM = SECTION 220
Q6. What kind of sale is covered by Section 220?
Answer:
The sale must be:
A SALE OF PROPERTY HELD BY THE LAWFUL AUTHORITY OF A PUBLIC SERVANT
Q7. Is every private sale covered?
Answer:
No.
A purely private sale does not fall within Section 220 merely because there is improper bidding.
The sale must be connected with the lawful authority of a public servant.
Q8. Why is lawful authority important?
Answer:
Because Section 220 protects sales conducted through lawful public authority.
If the sale is not held under such authority, this specific section would not apply on that basis.
Q9. What are the two principal modes of committing the offence?
Answer:
There are two main modes:
Mode 1
Purchase or bid for a legally disqualified person.
Mode 2
Bid without intending to honour the obligations of the bid.
Memory
DISQUALIFIED BUYER OR DISHONEST BID
Q10. What is the first mode of liability?
Answer:
A person purchases or bids for property:
- On account of himself or another;
- For a person who is legally incapable of purchasing that property at that sale; and
- The accused knows of that legal incapacity.
Q11. What does “on account of any person” mean?
Answer:
It means the purchase or bid may be made:
- For oneself; or
- For another person.
The section expressly covers both.
Q12. Can a person commit the offence by bidding for himself?
Answer:
Yes.
The wording says:
“WHETHER HIMSELF OR ANY OTHER”
Thus, liability can arise whether the person is acting for himself or another.
Q13. What is meant by “legal incapacity to purchase”?
Answer:
It means that the person is legally disqualified from purchasing the particular property at that particular sale.
The incapacity must be legal, not merely personal or financial.
Q14. Is financial inability the same as legal incapacity?
Answer:
Not necessarily.
The section refers to:
LEGAL INCAPACITY
not mere lack of money or practical inability.
Q15. Must the accused know about the incapacity?
Answer:
Yes.
The section expressly requires that the accused:
KNOWS
the person to be under legal incapacity.
Q16. Is mere suspicion enough?
Answer:
The statutory wording requires knowledge.
Mere suspicion, without knowledge, does not satisfy the express wording.
Q17. Why does the section punish proxy bidding?
Answer:
Because a legal disqualification should not be defeated by using another person as a front or intermediary.
Q18. Give a simple example of the first mode.
Answer:
Suppose A is legally barred from purchasing property at a particular public sale.
B knows this but bids for the property on A’s behalf.
Section 220 may apply.
Q19. Does the legally incapacitated person have to be the actual bidder?
Answer:
No.
The section specifically covers bidding by another person on behalf of the legally incapacitated person.
Q20. What is the second mode of liability?
Answer:
The second mode applies where a person:
BIDS FOR PROPERTY WITHOUT INTENDING TO PERFORM THE OBLIGATIONS CREATED BY THE BID
Q21. What is the wrong in the second mode?
Answer:
The wrong is making a bid that is not genuine.
The bidder takes on obligations by bidding but has no intention of fulfilling them.
Q22. Must the bidder actually default later?
Answer:
The statutory focus is on the bidder’s lack of intention at the time of bidding.
Actual later default may be relevant evidence, but the core element is the absence of intention to perform the obligations when the bid is made.
Q23. Is a later genuine inability to pay automatically an offence?
Answer:
No.
A person who genuinely intended to perform but later becomes unable to do so is different from someone who never intended to perform from the beginning.
Q24. What mental element is required in the second mode?
Answer:
The bidder must lack the intention to perform the obligations under the bid.
Memory
NO GENUINE INTENT TO HONOUR THE BID
Q25. Is dishonest intention expressly mentioned?
Answer:
No.
The section does not use the word “dishonestly.”
But the second mode expressly requires bidding without intention to perform the obligations.
Q26. Is fraudulent intention expressly required?
Answer:
No.
Fraud is not separately stated as an ingredient.
Q27. Is actual loss to the Government or another person required?
Answer:
No actual loss is expressly required by the text.
The offence focuses on prohibited participation in the sale.
Q28. Must the sale actually be completed?
Answer:
No.
A prohibited bid itself may be sufficient if the statutory ingredients are present.
Q29. Must the property actually be transferred?
Answer:
No.
The provision covers both:
- Purchasing; and
- Bidding.
Thus, liability may arise at the bidding stage itself.
Q30. Does the section apply only to successful bidders?
Answer:
No.
Because the section expressly punishes a person who:
BIDS
in the prohibited circumstances.
Winning the sale is not always necessary.
Q31. Does the section apply only to immovable property?
Answer:
The supplied wording says:
PROPERTY
and does not expressly confine the provision to immovable property.
Q32. Must the public servant personally conduct the sale?
Answer:
The statutory requirement is that the sale be held:
BY THE LAWFUL AUTHORITY OF A PUBLIC SERVANT
The focus is on lawful public authority behind the sale.
Q33. What if the sale is not legally authorised?
Answer:
Then an essential element of Section 220 would be absent.
The sale must be held under lawful authority.
Q34. What if the bidder did not know that the represented buyer was legally disqualified?
Answer:
For the first mode, the express knowledge requirement would not be satisfied.
Q35. What if a person knowingly bids for a disqualified person but the bid is unsuccessful?
Answer:
The section covers the act of bidding itself.
Therefore, success is not necessarily required.
Q36. What if a person bids for a legally eligible purchaser but never intends to honour the bid?
Answer:
The second mode may still apply.
Legal incapacity is not required where the prosecution relies on the sham-bid limb.
Q37. What if a person intends to honour the bid but is bidding for a legally disqualified person?
Answer:
The first mode may apply if:
- The person is legally disqualified; and
- The bidder knows of that disqualification.
Q38. Are the two modes cumulative?
Answer:
No.
They are alternative ways in which Section 220 can be committed.
A case may involve one or both, but either prohibited mode can independently be relevant.
Q39. What is the punishment under Section 220?
Answer:
The punishment is:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 1 MONTH
or
FINE UP TO ₹200
or
BOTH
Q40. Can imprisonment be simple or rigorous?
Answer:
Yes.
The section provides:
IMPRISONMENT OF EITHER DESCRIPTION
Q41. What is the maximum imprisonment?
Answer:
1 MONTH
Q42. What is the maximum fine?
Answer:
₹200
Q43. Is there a minimum imprisonment term?
Answer:
No minimum term is stated in the supplied provision.
Q44. What is the classification of Section 220?
Answer:
According to the supplied classification:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Q45. Is Section 220 cognizable?
Answer:
No.
NON-COGNIZABLE
Q46. Is Section 220 bailable?
Answer:
Yes.
BAILABLE
Q47. Which Court may try the offence?
Answer:
According to the supplied classification:
ANY MAGISTRATE
Q48. What is the easiest classification memory?
Answer:
220 = NC + B + ANY MAGISTRATE
Q49. What is the easiest substantive memory for Section 220?
Answer:
“PUBLIC SALE + DISQUALIFIED BUYER OR FAKE BID = 220.”
Q50. How does Section 220 differ from Section 221?
Answer:
Section 220
Deals with:
ILLEGAL PURCHASE OR BIDDING AT PUBLIC SALE
Section 221
Deals with:
VOLUNTARY OBSTRUCTION OF PUBLIC SERVANT
Memory
220 = BID
221 = BLOCK
Q51. What common theme connects Sections 220 and 221?
Answer:
Both protect the proper operation of public authority.
But:
- Section 220 protects integrity of public sales;
- Section 221 protects public servants from obstruction.
Q52. What is the easiest problem-question test for Section 220?
Answer:
Ask:
- Was there a sale of property?
- Was the sale held under lawful authority of a public servant?
- Did the accused purchase or bid?
- Was he acting for a legally disqualified person whom he knew to be disqualified?
OR
- Did he bid without intending to perform the obligations of the bid?
If yes:
SECTION 220 MAY APPLY
Q53. What are the key words to remember?
Answer:
SALE
PROPERTY
PUBLIC SERVANT
LAWFUL AUTHORITY
PURCHASE / BID
LEGAL INCAPACITY
KNOWLEDGE
NO INTENT TO PERFORM
Q54. What are the two best memory labels?
Answer:
PROXY BID FOR DISQUALIFIED BUYER
and
SHAM BID WITHOUT INTENT TO PERFORM
Key Provisions (Study Notes)
1. Public Sale
The sale must be:
HELD BY THE LAWFUL AUTHORITY OF A PUBLIC SERVANT
2. First Mode
The accused:
PURCHASES OR BIDS
for himself or another person whom he knows to be legally incapable of purchasing at that sale.
Core Formula
LEGAL INCAPACITY + KNOWLEDGE + PURCHASE/BID = FIRST MODE
3. Second Mode
The accused:
BIDS WITHOUT INTENDING TO PERFORM THE OBLIGATIONS OF THE BID
Core Formula
BID + NO INTENTION TO PERFORM = SECOND MODE
4. No Actual Purchase Required
Because “bid” is expressly included, the offence can arise before transfer of property.
5. No Actual Loss Required
The section does not expressly require proof of financial loss or completed damage.
Essential Ingredients — Rapid Recall
SALE UNDER LAWFUL PUBLIC AUTHORITY
+
PURCHASE OR BID
+
either
KNOWN LEGAL INCAPACITY
or
NO INTENTION TO PERFORM BID OBLIGATIONS
= SECTION 220
Punishment Notes
Section 220 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 1 MONTH
or
FINE UP TO ₹200
or
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
IPC Equivalent and BNS Position
According to the supplied comments:
Section 220 BNS = Section 185 IPC
The language remains unchanged and the provision has been retained as it is.
Two Modes of Section 220
Mode 1 — Disqualified Purchaser
Think:
“YOU CANNOT BUY IT, SO I WILL BID FOR YOU.”
Required elements:
- Legal incapacity;
- Knowledge;
- Purchase or bid.
Mode 2 — Sham Bid
Think:
“I WILL BID, BUT I NEVER INTEND TO HONOUR IT.”
Required element:
- No intention to perform obligations created by bidding.
Best Two-Mode Memory
220 = DISQUALIFIED BUYER / DISHONEST BID
Quick Revision Notes
Section
220 BNS
Title
Illegal purchase or bid for property offered for sale by authority of public servant
IPC Equivalent
Section 185 IPC
Sale
Property sale under lawful authority of public servant.
Mode 1
Purchase/bid for person legally incapable of purchasing.
Mens Rea for Mode 1
Knowledge of legal incapacity.
Mode 2
Bid without intending to perform obligations.
Successful Purchase Required?
No.
Actual Loss Required?
Not expressly.
Punishment
Either description up to 1 month / fine up to ₹200 / both.
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Change
No substantive change stated.
Exam Traps
Trap 1 — Treating every improper private auction bid as Section 220
Incorrect.
The sale must be held under:
LAWFUL AUTHORITY OF A PUBLIC SERVANT
Trap 2 — Forgetting knowledge in the first mode
The bidder must know of the legal incapacity.
Trap 3 — Confusing legal incapacity with financial inability
The statute refers to:
LEGAL INCAPACITY
Trap 4 — Thinking the disqualified person must personally bid
Incorrect.
The provision expressly covers proxy purchase or bidding.
Trap 5 — Requiring the bid to succeed
Incorrect.
The act of prohibited bidding itself may be sufficient.
Trap 6 — Requiring actual loss
No actual loss is expressly required.
Trap 7 — Treating later inability to pay as automatically criminal
The second mode requires lack of intention to perform when bidding.
Trap 8 — Thinking both modes must be proved
Incorrect.
They are alternative modes.
Trap 9 — Forgetting the very short punishment
Remember:
1 MONTH / ₹200
Trap 10 — Confusing Section 220 with Section 221
220 = BID
221 = BLOCK
Rapid Revision Link: Sections 220–227
220 = ILLEGAL PUBLIC-SALE BID
221 = OBSTRUCT PUBLIC SERVANT
222 = FAIL TO ASSIST PUBLIC SERVANT
223 = DISOBEY PUBLIC ORDER
224 = THREAT PUBLIC SERVANT
225 = THREAT PERSON SEEKING PROTECTION
226 = SUICIDE ATTEMPT TO COERCE PUBLIC SERVANT
227 = GIVE FALSE EVIDENCE
A useful progression is:
BID → BLOCK → REFUSE TO HELP → DISOBEY → THREAT → BLOCK PROTECTION → COERCE → FALSE EVIDENCE
Ultimate Memory Formula
SECTION 220
PUBLIC SALE
+
PURCHASE/BID
+
either
KNOWN LEGAL DISQUALIFICATION
or
NO INTENTION TO HONOUR BID
= SECTION 220
Punishment
1 MONTH / ₹200 / BOTH
Classification
NC + B + ANY MAGISTRATE
Key Takeaway
Section 220 BNS protects the integrity of sales conducted under lawful public authority.
It criminalises two different forms of improper bidding:
1. BIDDING FOR A PERSON KNOWN TO BE LEGALLY DISQUALIFIED
and
2. BIDDING WITHOUT INTENDING TO HONOUR THE OBLIGATIONS OF THE BID
According to the supplied comments:
Section 220 BNS = Section 185 IPC
and the provision has been retained without substantive change.
The punishment is:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 1 MONTH / FINE UP TO ₹200 / BOTH
and the offence is:
Non-Cognizable + Bailable + Triable by Any Magistrate
Final Memory Line
“220 = PUBLIC SALE + PROXY FOR DISQUALIFIED BUYER OR SHAM BID.”
