Illegal purchase or bid for property offered for sale by authority of public servant
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Summary
At a sale conducted by a public servant, buying or bidding for a person you know is legally disqualified from buying, or bidding without intending to complete the purchase, is an offence. The punishment can be up to one month imprisonment, a fine up to two hundred rupees, or both. The key is the bidder’s knowledge of the buyer’s legal incapacity or the bidder’s deliberate lack of intent to perform the purchase.
Example
Priya goes to a municipal auction where a stall is being sold. She knowingly bids on behalf of her brother Aditya, who is legally disqualified from buying at that sale. Because Priya knew he could not legally purchase, her bid is illegal and she may face up to one month imprisonment or a fine up to Rs 200, or both.
Bare Act
Enacted textWhoever, 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.
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