BNS Section 268: Personation Of Assessor
Section 268 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section specifically deals with impersonating a public official. Let us take a closer look at its provisions.
Definition of BNS Section 268
Section 268 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”
Explanation and Illustration of BNS Section 268
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of impersonating an assessor. Let us break down the section to get a better understanding of it.
Offence
In very basic terms, an assessor is a person who assists a judge in assessing a case, studying its evidence, and even arriving at a conclusion. They are usually persons who are not in the legal profession and are either representatives of the general public or experts whose knowledge and expertise is key to deciding on a case. A juror or a jury falls under the board definition of an assessor. However, since the jury system has been scrapped under the Indian judicial system, the use of assessors has become rare and very specific. They are highly specialised people who have to match certain criteria to qualify as an assessor in a case.
Section 268 provides for the crime of impersonating an assessor by falsely representing those qualifications and making dishonest claims of having met the qualifying criteria. According to this section, a person shall be declared an offender if he or she takes oath as an assessor in a case despite knowing that he or she:
Punishment
A person who pretends to be qualified to be an assessor and takes oath as one shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
During a case of medical malpractice, a judge requires a qualified cardiologist with experience in surgery as an assessor in the case. Z, a cardiologist, applied for the position. Z is chosen and takes oath as an assessor. Later it is discovered that Z had never performed surgery but had only observed it during his training. Z is an offender under the provisions of Section 268.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 268
This section deals with: Falsely personating an assessor
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 268 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 268 of BNS replaces Section 229 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 268 | Personation of assessor | 229 | The words ‘juror’ and ‘juryman’ have been removed. |
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FAQs about Section 268 of the Bharatiya Nyaya Sanhita (BNS)
What does BNS Section 268 deal with?
Section 268 deals with falsely personating to be assessor for judicial purposes.
Can police arrest without a warrant for this offense?
Yes. Section 268 is a cognisable offence and no warrant is required for arrest under this section.
Why is this BNS section 268 important?
Section 268 is important because it ensures that the function of an assessor does not lead to any obstructions in the course of justice.
How can you identify a genuine assessor to avoid fraud?
A thorough background check with regards to the assessors qualifications can help determine of the assessor is genuine or not.
Can an accused challenge charges under BNS 268?
Yes. Any order passed by any public office can be challenged as long as it is done through the legally prescribed channels and redressal forums.
