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IPC 185 - Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorized Sale, or bidding without intending to perform the obligations incurred thereby

Description of IPC 185

Description of IPC Section 185 According to section 185 of Indian penal code, 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. IPC 185
Offence Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorized Sale, or bidding without intending to perform the obligations incurred thereby
Punishment 1 Month or Fine or Both
Cognizance Cognizable
Bail Bailable
Triable Magistrate Court
Who is Liable: Anyone who bids for property at a public sale on behalf of someone legally incapable of purchasing or bids without intending to fulfill obligations. Act Prohibited: Bidding for property at a public sale for someone legally unable to do so or without intending to honor the bid.
Up to 1 month imprisonment, or a fine up to ?200, or both.

IPC 185 in Simple Words

In simple words, Section 185 of the Indian Penal Code states that if someone purchases or bids for property at a public sale on behalf of a person who is legally not allowed to do so or bids without intending to fulfill the obligations, they may be punished with imprisonment, fine, or both, for a maximum of one month.

Importance and Practical application

IPC Section 185 aims to maintain the legitimacy of public sales by prohibiting fraudulent bidding practices that could undermine the auction's integrity.

Practical application:

Examples: Bidding on behalf of someone prohibited from purchasing property or not fulfilling the terms of a bid. Legal Consequences: Prevents abuse in public auctions and sales.

Conclusion

By addressing issues related to bidding by those legally incapable or without intent to fulfill obligations, this provision upholds the principles of fairness and accountability in public property transactions, ensuring that all participants act within the bounds of the law. It fosters a transparent auction environment that protects both buyers and sellers.