Legal provisions regarding Public servant unlawfully buying or bidding for property under section 169 of Indian Penal Code, 1860.
Public servant unlawfully buying or bidding for property:
Section 169 is an extension of Section 168. Section 169 prohibits a public servant from purchasing or bidding for property which he is legally bound not to purchase. The prohibition under Section 169 contemplates must be in respect of property with which the public servant was connected in his official capacity.
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Being placed in a position of advantage, he could not be permitted to purchase property of which he is in effect a trustee. So where a Sub-Inspector of police in charge of a station house was charged with having purchased a pony which had been impounded at that station, it had been held that the accused should be convicted under Section 169.
The points required to be proved under Section 169 are:
1. The accused was a public servant;
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2. He was legally bound not to purchase or bid for the property in question;
3. He had purchased or bid for that property either in his own name, or in the name of another, or jointly, or in shares with others.
An offence under Section 169 is non-cognizable and summons should ordinarily issue in the first instance. It is bailable but non-compoundable and is triable by Magistrate of the first class.