Section 527 BNSS: Public Servant Concerned in Sale Not to Purchase or Bid for Property
Section 527 of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates a clear conflict-of-interest rule for a public servant who has a duty connected with the sale of property under the BNSS.
Bare Act Text of Section 527 BNSS
Meaning and Scope of Section 527
Section 527 is intended to keep a public servant who performs an official function in a property sale from becoming a buyer or bidder in the same sale. The rule removes a direct conflict between the officer's public duty and a private financial interest.
The prohibition applies when the sale is one conducted under the BNSS and the public servant has any duty to perform in connection with that sale. Once those conditions are present, the public servant cannot purchase the property or submit a bid for it.
- Who is covered: A public servant having any duty connected with the sale.
- What transaction is covered: Sale of property under the BNSS.
- What is prohibited: Purchasing the property or bidding for it.
- Purpose: To avoid conflict of interest and protect fairness in a sale conducted through legal process.
Corresponding Provision under the Former CrPC
Section 527 BNSS corresponds to Section 481 of the Code of Criminal Procedure, 1973. The former provision used substantially the same rule, with the reference to "this Code" now expressed as "this Sanhita" under the BNSS.
| Current law | Former law | Position |
|---|---|---|
| Section 527, BNSS 2023 | Section 481, CrPC 1973 | Substantive prohibition carried forward. |
When Did Section 527 BNSS Become Applicable?
The Bharatiya Nagarik Suraksha Sanhita, 2023 was enacted as Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the BNSS came into force, subject to the exception stated in the commencement notification.
For proceedings and situations affected by the repeal of the Code of Criminal Procedure, the repeal and savings provision in Section 531 BNSS should also be considered where relevant.
Practical Effect
If an officer has an official role in arranging, conducting, supervising or otherwise performing a duty connected with a property sale under the BNSS, Section 527 prevents that officer from participating in the same sale as a purchaser or bidder. The provision therefore separates official responsibility from private participation in the transaction.
Frequently Asked Questions
What does Section 527 BNSS prohibit?
It prohibits a public servant who has any duty connected with a property sale under the BNSS from purchasing or bidding for that property.
Does Section 527 apply to every public servant?
The wording is directed to a public servant who has a duty to perform in connection with the particular sale. The connection between the official duty and the sale is therefore central to the provision.
Which CrPC section is equivalent to Section 527 BNSS?
The corresponding provision is Section 481 of the Code of Criminal Procedure, 1973.
Is BNSS currently in force?
Yes. The BNSS came into force on 1 July 2024, subject to the exception specified in the Central Government commencement notification.