The Bharatiya Nyaya Sanhita (BNS) 2023 is India’s updated criminal law code. It replaces the old Indian Penal Code (IPC) of 1860. One of the lesser-known but important sections of this new law is BNS Section 268, which focuses on the “Personation of an assessor.”
Let’s break it down in easy language.
What Does BNS Section 268 Say?
BNS Section 268 Personation of an assessor states:
“Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empaneled or sworn as a juror or assessor in any case in which he knows that he is not entitled by law to serve as such juror or assessor, or knowing himself to have been so returned, empaneled or sworn, shall voluntarily serve as such juror or assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Breaking It Down in Simple Terms
Let’s make it easier to understand.
This section deals with someone:
- Pretending to be someone else,
- Or joining a legal panel of jurors or assessors,
- Even when they know they’re not legally allowed to do so.
If such a person continues to serve despite knowing this, it’s a criminal offence under BNS Section 268.
Who Is an Assessor?
In some cases, courts appoint experts or respected members of society to assist in understanding facts or technical issues. These people are called assessors.
They are not judges. But their opinion may help in complex matters—especially in cases involving trade, finance, or community issues.
In short, an assessor is like a temporary advisor to the court.
Why This Section Matters
Judicial integrity is everything.
If someone who is unqualified or dishonest sits in such a position, the justice process gets compromised. It’s not just unfair to the accused or the victim—but also to society.
That’s why BNS Section 268 Personation of an assessor exists—to protect the credibility of the legal system.
Example Situation
Imagine a man who was barred from public duty due to fraud charges. But he hides his identity and manages to get appointed as an assessor in a commercial fraud case.
He pretends to be a financial expert and gives an opinion that favours the accused.
This directly influences the judge’s decision. Now, that’s a serious misuse of the system.
Under Section 268, this man can be jailed for up to 2 years, or fined, or both.
BNS Section 268 Case Law Reference
K.M. Nanavati vs. State of Maharashtra (1959)
Although not directly about assessors, this famous case led to the end of jury trials in India. The jury, influenced by public opinion, gave a biased verdict.
The Bombay High Court had to set aside the jury’s verdict, showing how dangerous bias or manipulation in the justice process can be.
This historic case reminds us why only qualified and impartial people should participate in legal decisions.
Section 268 builds on this idea by criminalizing impersonation in such sensitive roles.
Another Relevant Case: R v. Wakefield (UK case)
In this British case, a person who was not eligible to serve as a juror intentionally misled the court and took part in the trial. It led to a retrial and criminal charges.
Though from the UK, this example matches the spirit of BNS Section 268. It shows how even one wrong person on a panel can lead to miscarriage of justice.
Short Note on BNS Section 268
- Section Name: Personation of an assessor
- Punishment: Up to 2 years imprisonment or fine or both
- Nature: Cognizable and bailable
- Applicable To: Anyone pretending or knowingly serving as an unqualified assessor or juror
BNS Section 268: Why Is This Law Important Today?
Even though India doesn’t use juries now, assessors are still used in tribunals, commissions, and inquiry panels.
These roles often involve decision-making in sensitive matters—like corporate fraud, land disputes, or financial scams.
Allowing unqualified people into such roles is like letting a fake doctor perform surgery. The law can’t take that risk.
Real-Life Parallel
Think of public service exams. If someone cheats to get a government job, they are punished. The same principle applies here.
Courts rely on honesty and merit. If someone sneaks into the system by lying, they steal justice from others.
That’s what Section 268 tries to stop.
Penalties Under BNS Section 268
The law offers flexibility in punishment:
- The offender can be jailed.
- Or fined.
- Or both.
The severity depends on how serious the impersonation was and whether it affected the outcome of the case.
What Courts Will Look At
To prove an offence under this section, the court will check:
- Did the person intentionally fake their identity?
- Did they know they weren’t allowed to be an assessor?
- Did they continue to serve after knowing they weren’t eligible?
All three elements are important.
Conclusion
BNS Section 268 Personation of an assessor may not make headlines often. But it plays a quiet, powerful role in keeping our courts clean and honest.
By punishing impersonation, the law sends a clear message—don’t mess with the justice system.
Whether it’s a fake assessor or a dishonest panelist, the law will catch up.
Disclaimer
This article is meant for general information and education. It is not legal advice. For specific situations or legal proceedings, please consult a qualified lawyer or refer to the official text of the Bharatiya Nyaya Sanhita, 2023.
