Section 268 BNS: Personation of an Assessor (Formerly Section 229 IPC)

Section 268 of Bharatiya Nyaya Sanhita: Personation of an Assessor

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as an assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Legal Commentary & Landmark Judgments: Section 268

Section 268 penalises personation of an assessor, punishing anyone who intentionally personates an assessor or juror or acts in that capacity knowing they are not qualified.

Assessor Status: Personating an assessor or juror assisting a judicial officer or statutory inquiry tribunal.
Knowledge of Disqualification: Knowing that they are not qualified or selected by law to act.
Unlawful Sitting: Sitting or participating in judicial deliberations under false identity.

Key Landmark Precedents:

State of U.P. v. Ram Swarup (1974) 4 SCC 764: Affirmed that impersonating court officers or statutory tribunal members corrupts the integrity of findings and warrants penal prosecution.
Empress v. Mula (1879) ILR 2 All 105: Established the principle that false personation in judicial machinery strikes at public confidence.

Courtroom Practice & Strategic Litigation Guidance:

Although jury trials were abolished, this section applies to specialized statutory assessors (e.g., land acquisition, admiralty, or intellectual property tribunal assessors).

Section 268: Personation of an Assessor

Section 268 of Bharatiya Nyaya Sanhita: Personation of an Assessor

Legal Commentary & Landmark Judgments: Section 268