What is IPC Section 185?
IPC Section 185 sits in Chapter X of the Indian Penal Code, "Of Contempts of the Lawful Authority of Public Servants," among a group of provisions addressing interference with public servants' lawful functions — including preventing or delaying the taking of attached property (Section 183/184), and disobedience of lawfully promulgated orders (Section 188). Section 185 specifically targets sales of property that are conducted under a public servant's lawful authority — for example, government auctions of attached property, unclaimed goods, or forfeited assets — and criminalises two distinct forms of bidding misconduct.
The provision reflects a concern for fairness and predictability in official public sales: buyers with a known legal disqualification cannot circumvent that disqualification by bidding through an intermediary or on someone else's behalf, and no one should be permitted to disrupt or manipulate the bidding process through insincere bids they never intend to honour.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 185 IPC now corresponds to Section 220 of the BNS, which retains the same substantive scope and punishment.
Legal Provision — Text of Section 185 IPC
This provision must be read together with Sections 183 and 184, which address resistance to the taking of property under lawful authority, and obstructing the sale of property taken under such authority — together forming a small cluster of provisions protecting the integrity of official property-sale processes conducted by or under public servants.
Punishment Under Section 185
| Punishment | Imprisonment of either description up to 1 month, or fine up to ₹200, or both |
|---|---|
| Nature of Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Non-compoundable |
| Triable By | Any Magistrate |
This is a comparatively minor offence within the Code, reflecting that it addresses procedural manipulation of official sales rather than more serious harm — though it plays an important role in maintaining public confidence in the integrity of government-run property sales and auctions.
Key Ingredients / Essential Elements
A sale of property under the lawful authority of a public servant
The sale in question must be one held under a public servant's genuine, lawful authority — such as an official auction of attached, forfeited, or unclaimed property.
Purchasing or bidding on behalf of someone legally incapable of purchasing
Either scenario: purchasing or bidding on account of the accused themselves, or of another person, knowing that person is under a legal incapacity to purchase the property at that particular sale.
Alternatively, bidding without intention to perform the resulting obligations
The offence is also complete where the accused bids for the property without genuinely intending to fulfil the obligations that a successful bid would create — for example, payment or completion of the purchase.
What Should You Do — For Complainants and For the Accused
If a Public Sale You Participated in Was Manipulated
- Document the specific bid or purchase you believe was made in violation of this section, including any evidence of the bidder's known legal incapacity or lack of genuine intention.
- Report the matter to the public servant or authority conducting the sale, as well as filing a formal complaint before the appropriate Magistrate, since the offence is non-cognizable.
- Preserve records of the sale process, bid history, and any resulting disruption or loss.
- Consult a lawyer about whether the sale itself may also need to be challenged or set aside through separate civil or administrative proceedings.
If You Are Accused Under Section 185
- Consult a criminal lawyer promptly, though this is generally a minor, bailable offence.
- Gather evidence if you genuinely intended to honour your bid, or if you (or the person on whose behalf you bid) were not actually under any legal incapacity to purchase.
- Being bailable, you are entitled to bail as a matter of right.
- Work with your lawyer to assess the specific facts of the sale and the legal basis for any alleged incapacity.
How Section 185 Relates to Neighbouring Provisions
- Section 183 punishes resistance to the taking of property by the lawful authority of a public servant.
- Section 184 punishes obstructing the sale of property offered for sale by such lawful authority.
- Section 185 (this section) punishes specific forms of misconduct in the bidding process itself once the sale is underway — bidding on behalf of a legally incapable person, or bidding insincerely.
Together, these provisions protect the integrity of official property sales conducted under a public servant's authority, addressing distinct stages and forms of potential interference — resistance to the initial taking of property, obstruction of the sale process, and manipulation of the bidding itself.