Personation of assessor
What this section does
This section penalises a person who, by personation or any other means, causes themselves to be returned, empanelled, or sworn as an assessor in a case where they know they are not legally entitled to serve, or who knowingly serves as an assessor after being unlawfully empanelled.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 2 years, or fine, or both
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused caused themselves to be returned, empanelled, or sworn as an assessor (by personation or otherwise), OR voluntarily served as an assessor after being so returned
- The accused knew they were not entitled by law to be so returned, empanelled, or sworn, OR knew that their empanelment was contrary to law
Practitioner note
Knowledge of ineligibility or unlawful empanelment is an essential element. The section covers both the act of procuring unlawful empanelment and the act of voluntarily serving thereafter.
Derived from IPC s.229.
Read the official text
For the binding statutory text of BNS Section 268, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 268 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.