Section 220 BNS: Omission to Assist Public Servant

Section 220 of Bharatiya Nyaya Sanhita: Illegal Purchase or Bid for Property Offered for Sale by Public Servant

Official Bare Act Text

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

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.

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023

Official BNSS Schedule I

Offence / Provision	Statutory Punishment	Bail Status	Cognizance	Trial Jurisdiction	Old IPC Equivalent
Section 220 BNS Illegal Purchase or Bid for Property Offered for Sale by Public Servant	Imprisonment extending to 6 months, or fine extending to ₹1,000, or both.	Bailable	Non-Cognizable	Any Magistrate	Formerly Sec 185 IPC

Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 220

Section 220 punishes bidding for or purchasing property at a public auction conducted by a public servant, either on behalf of someone who is legally incapacitated from purchasing, or without intention to perform obligations.

Public Auction: Property offered for sale by authority of a public servant.
Fraudulent Bid: Bidding on behalf of a person under legal incapacity to buy, or bidding with no intention of paying the bid amount.
Disruption of Auction: Intentional sabotage of revenue or court execution proceedings through bogus bids.

Key Landmark Precedents:

Kadiyala Rama Rao v. Gutala Kahna Rao (2000) 3 SCC 87: Reiterated that frivolous and speculative bidding in execution proceedings wastes judicial time and constitutes fraudulent abuse of the auction process.
Manilal Mohanlal Shah v. Sardar Sayed Ahmed Sayed Mahmad AIR 1954 SC 349: The Supreme Court held that execution sale rules requiring mandatory deposit are strict; fraudulent default undermines public auctions.

Courtroom Practice & Strategic Litigation Guidance:

Trace the bidder's bank statements at the date of the auction to show total inability to honor the deposit, proving bad faith from the inception.

Section 220: Illegal Purchase or Bid for Property Offered for Sale by Public Servant

Section 220 of Bharatiya Nyaya Sanhita: Illegal Purchase or Bid for Property Offered for Sale by Public Servant

BNSS First Schedule Legal Classification

Legal Commentary & Landmark Judgments: Section 220