Legal Provisions of Section 169 of Indian Penal Code, 1860.
Public servant unlawfully buying or bidding for property:
This section, dealing with the liability of public servants for buying or bidding for property unlawfully, states that whoever, being a public servant, and legally bound by virtue of his being a public servant not to purchase or bid for certain property, purchases or bids for that property, whether in his own name or in the name of any other person, or jointly, or in shares with others, shall be punished with simple imprisonment for a term extending up to two years, or with fine, or with both; and if that property is purchased, it shall be confiscated. The expression ‘legally bound’ has the same meaning as given under section 43 of the Code. The principle laid down in the preceding section has been further extended by this section.
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ADVERTISEMENTS:
In R. Saibharathi v. J. Jayalalitha, the Supreme Court has held with respect to a public servant buying or bidding for property the prohibition to buy or bid must flow from ‘law’ as ordinarily understood, i.e., enacted law or rules or regulations framed there under.
An executive order cannot be such ‘law’. Code of conduct for ministers framed by Governor laying down guidelines for conduct of ministers does not have a statutory force and are not enforceable in court of law. Prohibiting ministers from purchasing property of government cannot be construed as imposing a legal prohibition that would attract section 169 of the Code. Chief Minister purchasing property of Tamil Nadu Small Industries Corporation Limited (TANSI), a government company, cannot be charged under section 169 and the charge must fail.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class.