MarriageSolution.in: Reliable Legal Partner


Introduction of BNS 203

BNS 203 addresses the misconduct of public servants unlawfully purchasing or bidding for property. Public servants, by law, are prohibited from buying or bidding on certain properties due to their position. If a public servant violates this prohibition by engaging in such activities, they can face legal consequences, including imprisonment, fines, and confiscation of the purchased property. This section ensures that public servants act within their official capacity without personal financial conflicts.


The Bharatiya Nyaya Sanhita (BNS) Section 203 replaces the old Indian Penal Code (IPC) Section 169.



What is BNS Section 203 ?

BNS Section 203 deals with the illegal action of public servants purchasing or bidding for property, which they are prohibited from doing due to their legal obligations. This section penalizes those who misuse their public office to acquire property unlawfully, and it includes provisions for confiscating the acquired property.


BNS 203: Public Servants Prohibited Property Bidding.
BNS 203: Penalties for unlawful property purchases

BNS 203 in Simple Points

  1. Prohibition on Buying or Bidding for Property: Public servants are legally prohibited from buying or bidding on certain properties. This is to prevent them from using their official positions to gain financial advantages that can lead to corruption or conflicts of interest.
  2. Purchasing or Bidding in Someone Else’s Name: The law extends beyond just direct purchases. Public servants cannot bypass the rule by buying or bidding for property under another person’s name or in partnership with others. This ensures that they cannot exploit loopholes to benefit from their position indirectly.
  3. Punishment for Violating the Law: If a public servant engages in such prohibited purchases or bidding, they are subject to legal penalties. These penalties include simple imprisonment, fines, or both, depending on the severity of the case. The law is designed to prevent any misuse of public office for personal financial gain.
  4. Confiscation of Purchased Property: In addition to imprisonment or fines, the property that was unlawfully purchased by the public servant can be confiscated. This measure prevents the public servant from retaining any benefits gained through illegal means.
  5. Ensuring Integrity in Public Office: The section is designed to ensure that public servants uphold the integrity of their office by prohibiting them from misusing their authority for personal financial gain. It emphasizes that public servants should not mix their personal interests with their official responsibilities.

Section 203 BNS Overview

BNS Section 203 addresses the misconduct of public servants who, despite being legally prohibited from doing so, unlawfully purchase or bid for property, either in their own name or in the name of another person. The law is designed to prevent public servants from using their official positions for personal financial gain. Any public servant found violating this provision is subject to imprisonment, fines, and confiscation of the property acquired through such illegal means.

BNS Section 203: 10 Key Points Explained in Detail

  1. Prohibition on Public Servants Purchasing or Bidding for Property: Public servants are legally forbidden from buying or bidding for certain properties due to their role and responsibilities. This prohibition ensures that their official duties are not compromised by personal financial interests.
  2. Public Servants Acting Through Others: The section not only prohibits direct purchases or bidding but also prevents public servants from engaging in these activities through another person’s name. This means a public servant cannot bypass the law by having someone else act on their behalf.
  3. Joint or Shared Ownership: The prohibition extends to situations where a public servant tries to acquire property in joint ownership or shares with others. Whether the acquisition is partial or full, it still constitutes a violation of the law.
  4. Punishment of Imprisonment: A public servant found guilty of violating BNS Section 203 can face simple imprisonment for up to two years. The exact duration of imprisonment depends on the circumstances of the case and the severity of the violation.
  5. Imposition of Fine: In addition to or in place of imprisonment, the public servant may be fined for violating the provisions of this section. The fine acts as a deterrent to prevent public servants from using their official positions for personal gain.
  6. Confiscation of Property: Any property purchased or acquired illegally by the public servant will be confiscated by the government. This ensures that the public servant cannot benefit from the unlawful transaction.
  7. Ensuring Public Integrity: The primary purpose of BNS Section 203 is to maintain the integrity of public office. It ensures that public servants cannot exploit their position of power for personal benefit at the expense of public trust.
  8. Non-Cognizable Offense: BNS Section 203 is classified as a non-cognizable offense, which means that the police cannot arrest the public servant without a warrant. This classification underscores the fact that the offense, while serious, does not involve immediate threat to public safety.
  9. Bailable Offense: The offense under this section is bailable, meaning that the public servant can be granted bail and does not have to remain in custody while the case is being processed by the court.
  10. Tried by Magistrate of the First Class: Cases under BNS Section 203 are tried by a Magistrate of the first class, ensuring that they are handled by competent legal authorities capable of understanding the complexities of such cases involving public officials.

2 Examples of BNS Section 203:

  1. Example 1: A government officer tasked with overseeing land auctions uses his position to bid on a piece of land under his brother’s name. Despite not directly bidding himself, the officer orchestrates the purchase, violating BNS Section 203. The officer is later found guilty, sentenced to imprisonment, and the land is confiscated.
  2. Example 2: A senior government official, prohibited from buying any state-owned properties, decides to purchase a small plot of land by forming a partnership with a private individual. When the authorities discover the transaction, the official is charged under BNS Section 203 and faces both imprisonment and a fine, with the purchased land being seized by the government.

BNS 203 Punishment

  1. Imprisonment: A public servant found guilty under BNS Section 203 may face simple imprisonment for up to two years. The punishment depends on the nature of the violation and its impact.
  2. Fine and Confiscation of Property: Along with imprisonment, the public servant may be fined. Additionally, any property unlawfully purchased or bid upon will be confiscated by the authorities.

BNS 203 bailable or not ?

BNS Section 203 is a bailable offense, meaning the accused can seek bail. The case will be processed through the legal system, and the accused public servant can remain out of custody while the case is being tried.


Bharatiya Nyaya Sanhita Section 203

SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableCompoundable/Non-CompoundableCourt
BNS 203Public servant unlawfully buying or bidding for propertySimple imprisonment up to 2 years, or fine, or both; property confiscationBailableNon-CognizableNon-CompoundableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 203

BNS Section 203 FAQs

What is BNS Section 203?

What is the maximum imprisonment under BNS Section 203?

Is BNS Section 203 a bailable offense?

Yes, the offense under BNS Section 203 is bailable, meaning the accused can seek bail during the legal proceedings.

Can the property purchased by the public servant be confiscated?

Is BNS Section 203 a cognizable offense?

Which court handles cases under BNS Section 203?


Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.


Armed Forces Special Powers Act (AFSPA) in India.

AFSPA Act

KanhaiyyapahaneJul 18, 202415 min read

AFSPA act mean Armed Forces Special Powers Act (AFSPA) grants special powers to the Indian Armed Forces in areas classified as “disturbed” due to significant insurgency or internal disturbances.

Symbolic representation of the Right to Information Act with legal documents and scales of justice.

Right to Information RTI act :Your Comprehensive Guide (Part 1)

KanhaiyyapahaneMar 9, 20246 min read

Explore the essence of the Right to Information (RTI) Act through this symbolic image. The image features legal documents, emphasizing the importance of transparency and accountability in governance. The scales of justice represent the balance achieved through the citizens’ right…

special status under Article 371 of the Indian Constitution.

What is Article 371 of Indian Constitution ?

KanhaiyyapahaneMar 8, 202410 min read

Article 371 of the Indian Constitution grants special provisions to specific states and regions within India, addressing their unique historical, social, and cultural circumstances. These provisions aim to accommodate diverse needs and protect cultural identities within the constitutional framework.

"Indian Labour Law" with factory workers in the background.

Indian Labour law : Your Comprehensive Guide (Part 1)

KanhaiyyapahaneMar 8, 202416 min read

The purpose of labour laws is to safeguard employees and guarantee equitable treatment at the workplace, encompassing aspects such as remuneration, security, and perks. These regulations establish a secure ambiance by imposing minimum wage requirements, ensuring factory safety measures are…

: A colorful infographic with icons representing different aspects of GST, like a shopping cart (goods), a service person (services), a rupee symbol (tax), and a puzzle piece (unified system).

GST :Your Comprehensive Guide (Part 1 – Understanding the Basics)

Amol KanicheMar 7, 202415 min read

The Goods and Services Tax (GST) is like a big change in how we pay taxes in India. It started on July 1, 2017, and it’s here to simplify things. Before GST, we had many different taxes, and it could…

Leave a Reply

Your email address will not be published. Required fields are marked *

Optimized by Optimole