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KembaraXtra - Bharatiya Nyaya Sanhita - Section 268: Personation of Assessor
Introduction
Section 268 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with personation of an assessor and other forms of unlawful participation as an assessor.
The offence is committed where a person, despite knowing that he is not legally entitled to act as an assessor in a particular case:
- Intentionally causes himself to be returned, empanelled or sworn as an assessor; or
- Knowingly allows himself to be returned, empanelled or sworn; or
- After knowing that he has been returned, empanelled or sworn contrary to law, voluntarily serves as an assessor.
The provision is intended to preserve the legality and integrity of judicial proceedings by ensuring that only persons lawfully entitled to act as assessors perform that role.
Basic Formula
Not legally entitled + knowledge of ineligibility + knowingly/intentionally becomes assessor OR voluntarily serves = Section 268
Q1. What does Section 268 provide?
Answer:
Section 268 punishes a person who, by personation or otherwise:
- Intentionally causes himself; or
- Knowingly allows himself
to be:
- Returned;
- Empanelled; or
- Sworn
as an assessor in a case in which he knows that he is not legally entitled to act as assessor.
It also punishes a person who, knowing that he has been returned, empanelled or sworn contrary to law, voluntarily serves as such assessor.
Q2. What is the object of Section 268?
Answer:
The object is to protect the proper administration of justice.
An assessor must be a person legally qualified and entitled to act in that capacity.
A person who knowingly enters or continues in that role unlawfully interferes with the integrity of judicial proceedings.
Core Principle
Only a legally entitled person should act as assessor.
Q3. What is the IPC equivalent of Section 268 BNS?
Answer:
According to the supplied comments:
Section 268 BNS = Section 229 IPC
The substance of the provision has been retained.
Q4. What change has been made from Section 229 IPC?
Answer:
According to the supplied comments, the words:
- “juryman”
- “jury”
have been omitted.
The BNS provision is therefore now confined to:
Assessors
Memory
IPC provision = jury + assessor
BNS Section 268 = assessor only
Q5. What are the essential ingredients of Section 268?
Answer:
The offence may arise through two broad situations.
First Situation
The accused:
1. Causes or allows himself to be:
o Returned;
o Empanelled; or
o Sworn as assessor;
2. Knows that he is not legally entitled to act as assessor;
3. Acts intentionally or knowingly.
Second Situation
The accused:
1. Has already been returned, empanelled or sworn;
2. Knows that this occurred contrary to law;
3. Voluntarily serves as assessor.
Formula
ILLEGAL ASSESSOR STATUS + KNOWLEDGE + INTENTIONAL/KNOWING/VOLUNTARY PARTICIPATION = SECTION 268
Q6. Is actual personation necessary?
Answer:
No.
The section expressly uses the words:
“by personation or otherwise”
Therefore, impersonating another person is only one method of committing the offence.
A person may commit Section 268 without pretending to be someone else.
Q7. What does “personation” mean?
Answer:
Personation generally refers to pretending to be another person or assuming another person's identity.
For example, A may falsely claim to be B, who is lawfully qualified to act as assessor.
However, Section 268 is wider because it also covers improper participation “otherwise.”
Q8. What does “intentionally cause” mean?
Answer:
It refers to actively bringing about one's own unlawful selection or appointment as assessor.
The accused deliberately causes himself to be:
- Returned;
- Empanelled; or
- Sworn.
Memory
Intentionally cause = actively bring about
Q9. What does “knowingly suffer himself” mean?
Answer:
It means knowingly allowing oneself to be returned, empanelled or sworn as assessor.
The accused may not have actively initiated the process, but he knows that he is not legally entitled and nevertheless permits the process to continue.
Memory
Knowingly suffer = knowingly allow
Q10. What is the difference between actively causing and knowingly allowing?
Answer:
The distinction is:
Intentionally causes
The accused actively brings about the appointment.
Knowingly suffers
The accused knowingly permits the appointment.
Both are covered.
Q11. What does “returned” mean?
Answer:
In this context, “returned” refers to being selected or formally named for service as an assessor.
The important issue is whether the person is legally entitled to be so selected.
Q12. What does “empanelled” mean?
Answer:
“Empanelled” refers to being formally placed on a panel or list of persons selected to act as assessors.
Q13. What does “sworn” mean?
Answer:
“Sworn” refers to formally taking the oath or undertaking required before serving as assessor.
Q14. Must a person be returned, empanelled and sworn before liability arises?
Answer:
No.
The words operate alternatively.
The offence may arise where the person improperly causes or allows himself to be:
- Returned; or
- Empanelled; or
- Sworn.
All three need not occur together.
Q15. What must the accused know?
Answer:
The accused must know that he:
Is not entitled by law
to be returned, empanelled or sworn as assessor in that particular case.
Q16. Is mere legal ineligibility enough?
Answer:
No.
The provision requires knowledge.
A person who is legally ineligible but genuinely unaware of that fact does not automatically satisfy the mental element of Section 268.
Q17. Is negligence enough?
Answer:
No.
Section 268 uses the expressions:
- Intentionally;
- Knowingly;
- Voluntarily.
The offence therefore requires conscious participation rather than mere carelessness.
Q18. What is the second branch of the offence?
Answer:
The second branch applies where a person:
- Has already been returned, empanelled or sworn as assessor;
- Knows that this occurred contrary to law;
- Nevertheless voluntarily serves as assessor.
Formula
KNOWS APPOINTMENT IS ILLEGAL + VOLUNTARILY SERVES = SECTION 268
Q19. Why does the law punish continued service?
Answer:
Because even if the person did not originally cause the improper appointment, he must not continue participating once he knows that his position is unlawful.
Core Principle
Knowing unlawful service is itself punishable.
Q20. What does “contrary to law” mean?
Answer:
It means that the person's return, empanelment or swearing as assessor was not legally permitted.
The reason may vary depending upon the applicable legal requirements.
Q21. What does “voluntarily serve” mean?
Answer:
It means willingly performing the functions of assessor despite knowing that the appointment is legally improper.
Q22. Is mere wrongful appointment enough under the second branch?
Answer:
No.
The person must:
- Know that the appointment was contrary to law; and
- Voluntarily serve.
An administrative mistake alone is not enough.
Q23. Does Section 268 require actual harm to the case?
Answer:
No.
There is no express requirement that the accused must actually influence:
- The decision;
- Evidence;
- Verdict;
- Outcome.
The unlawful participation itself is punishable.
Q24. Must the Court proceeding actually be invalidated?
Answer:
No such requirement appears in the supplied wording.
The offence focuses on the accused's improper participation.
Q25. Is financial gain required?
Answer:
No.
There is no requirement that the accused must obtain money, remuneration or some other financial advantage.
Q26. Is dishonest intention required?
Answer:
The provision does not expressly use the word “dishonestly.”
Its specific mental requirements are:
- Intentionally;
- Knowingly;
- Voluntarily.
Q27. Is fraudulent intention expressly required?
Answer:
No.
Actual personation may involve deception, but Section 268 is wider than fraud because it also applies “otherwise.”
Q28. Give an example involving personation.
Answer:
A knows that he has no legal right to act as assessor.
He falsely assumes the identity of B, who is lawfully eligible, and gets himself sworn in B's place.
A may be liable under Section 268.
Q29. Give an example without personation.
Answer:
A is mistakenly selected as an assessor.
He knows that he is legally disqualified but deliberately says nothing and knowingly allows himself to be sworn.
Section 268 may apply even though A never pretended to be another person.
Q30. Give an example involving the second branch.
Answer:
A is empanelled as assessor.
He later discovers that his empanelment was contrary to law but nevertheless voluntarily continues serving.
This may amount to an offence under Section 268.
Q31. Give an example where Section 268 may not apply.
Answer:
A is selected because of an administrative mistake.
He genuinely and reasonably believes that he is legally entitled to act.
If he lacks the required knowledge of ineligibility, the statutory mental element may not be established.
Q32. Is motive relevant?
Answer:
No particular motive is expressly required.
The accused need not be acting for:
- Profit;
- Revenge;
- Personal benefit;
- Political advantage.
What matters is knowing and intentional or voluntary unlawful participation.
Q33. What is the punishment under Section 268?
Answer:
A person convicted under Section 268 may be punished with:
- Imprisonment of either description up to two years; or
- Fine; or
- Both.
Punishment Formula
2 years / fine / both
Q34. Is a specific maximum fine mentioned?
Answer:
No.
The supplied provision simply states:
“or with fine, or with both.”
No monetary ceiling is specified.
Q35. What does “imprisonment of either description” mean?
Answer:
It means imprisonment may be:
- Simple; or
- Rigorous.
The maximum period is two years.
Q36. What is the classification of Section 268?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Triable by Magistrate of the First Class
Memory
NC + B + First Class Magistrate
Q37. Is the offence cognizable?
Answer:
No.
It is:
Non-cognizable
Q38. Is the offence bailable?
Answer:
Yes.
It is:
Bailable
Q39. Which Court may try the offence?
Answer:
It is triable by:
Magistrate of the First Class
Q40. What is the central difference between the IPC and BNS provision?
Answer:
The supplied comments identify the removal of:
- “Juryman”
- “Jury”
The BNS section is therefore now:
Limited to assessors
Q41. Has the main offence otherwise changed?
Answer:
According to the supplied comments, the language has otherwise remained unchanged.
The core offence continues to be knowing and unlawful participation in the role.
Q42. What are the important statutory verbs?
Answer:
The key verbs are:
- Cause;
- Suffer;
- Returned;
- Empanelled;
- Sworn;
- Serve.
Memory Sequence
CAUSE / ALLOW → RETURN / PANEL / SWEAR → SERVE
Q43. What are the important mental-state words?
Answer:
Remember:
INTENTIONALLY
KNOWINGLY
VOLUNTARILY
These words show that accidental participation is not the target of the provision.
Q44. What is the easiest way to solve a Section 268 problem?
Answer:
Ask:
1. Was the person acting as or selected as an assessor?
2. Was he legally entitled?
3. Did he know that he was not entitled?
4. Did he intentionally or knowingly obtain/accept the position?
5. Alternatively, did he knowingly continue to serve after unlawful appointment?
If those elements are established, Section 268 may apply.
Key Provisions (Study Notes)
1. Scope of the Section
The offence concerns:
Assessors only
The supplied comments explain that references to juries and jurymen have been removed.
2. First Mode of Commission
A person who knows he is legally ineligible:
- Intentionally causes himself; or
- Knowingly allows himself
to be:
- Returned;
- Empanelled;
- Sworn
as assessor.
3. Second Mode of Commission
A person:
- Knows that he was returned, empanelled or sworn contrary to law; and
- Voluntarily serves as assessor.
4. Personation Not Essential
The words:
“by personation or otherwise”
make the section broader than simple impersonation.
5. Knowledge Is Essential
Mere ineligibility is insufficient.
The accused must know of his lack of legal entitlement.
Two Routes to Liability
Route One — Unlawfully Enter the Role
Know you are ineligible + intentionally/knowingly become assessor
Memory
GET IN ILLEGALLY
Route Two — Unlawfully Continue the Role
Know appointment is unlawful + voluntarily serve
Memory
STAY IN ILLEGALLY
IPC Equivalent and BNS Change
IPC Equivalent
Section 268 BNS = Section 229 IPC
Change
The expressions:
- Juryman
- Jury
have been removed.
Modern Scope
Assessors only
Quick Revision Notes
Section
268 BNS
Title
Personation of assessor
IPC Equivalent
Section 229 IPC
Core Wrong
Knowingly acting as assessor despite legal ineligibility.
First Route
Intentionally causes or knowingly allows himself to be returned, empanelled or sworn.
Second Route
Knowing appointment is illegal, voluntarily serves.
Personation Required?
No.
Knowledge Required?
Yes.
Negligence Enough?
No.
Punishment
Up to 2 years / fine / both
Classification
Non-cognizable + Bailable + Magistrate First Class
Exam Traps
Trap 1 — Thinking personation is the only way to commit the offence
Incorrect.
The statute says:
“by personation or otherwise.”
Trap 2 — Forgetting knowledge of ineligibility
A person must know that he is not entitled by law.
Trap 3 — Treating legal ineligibility alone as sufficient
Incorrect.
The mental element is essential.
Trap 4 — Forgetting “knowingly suffer himself”
The accused need not actively arrange the appointment.
Knowingly allowing it may suffice.
Trap 5 — Forgetting continued service
The offence may arise even where the accused did not cause the original appointment if he knowingly and voluntarily continues serving.
Trap 6 — Treating negligence as enough
Incorrect.
The section requires intentional, knowing or voluntary conduct.
Trap 7 — Referring to juries under Section 268 BNS
The supplied comments make clear that jury-related language has been removed.
Trap 8 — Forgetting the classification
Non-cognizable + Bailable + Magistrate First Class
Ultimate Memory Formula
SECTION 268
NOT LEGALLY ENTITLED TO BE ASSESSOR
+
KNOWS HE IS NOT ENTITLED
+
INTENTIONALLY / KNOWINGLY GETS OR ALLOWS HIMSELF TO BE APPOINTED
OR
KNOWS APPOINTMENT IS ILLEGAL + VOLUNTARILY SERVES
= SECTION 268
Shortest Memory Rule
“NOT ENTITLED + KNOWS IT + BECOMES OR SERVES AS ASSESSOR = 268”
Key Takeaway
Section 268 BNS punishes a person who knowingly participates as an assessor despite knowing that he is not legally entitled to do so.
The section covers both:
1. IMPROPERLY BECOMING AN ASSESSOR
and
2. KNOWINGLY CONTINUING TO SERVE AS AN ASSESSOR AFTER ILLEGAL APPOINTMENT
Actual impersonation is not essential because the section expressly covers conduct done “by personation or otherwise.”
According to the supplied comments:
Section 268 BNS = Section 229 IPC
but the expressions relating to jury and juryman have been omitted, leaving the provision limited to assessors.
Rapid Revision
268 = KNOWING LEGAL INELIGIBILITY + BECOMES/SERVES AS ASSESSOR
Punishment = Up to 2 years / fine / both
Classification = Non-cognizable + Bailable + Magistrate First Class
