BNS Section 268 – Personation of an assessor
The Indian Penal Code (IPC) Section – 229
Understanding BNS Section 268: Personation of an Assessor
The legal system relies on the integrity of its processes, including the selection of assessors (individuals who assist in judicial proceedings). When someone intentionally impersonates an assessor or serves as one knowing they are not entitled to do so, it undermines the fairness of the judicial process. Section 268 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 268 Say?
Section 268 deals with the act of impersonating an assessor or knowingly serving as one when not entitled by law. Here’s what the law states:
- Offense: If a person:
- Intentionally causes or knowingly allows themselves to be returned, empanelled, or sworn in as an assessor in a case where they know they are not legally entitled to do so, or
- Knowingly serves as an assessor after being returned, empanelled, or sworn in contrary to the law,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 2 years,
- A fine, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Impersonating an assessor or knowingly serving as one when not legally entitled. |
| Punishment | Up to 2 years in jail, a fine, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Ensures Integrity of Judicial Processes: It prevents individuals from fraudulently serving as assessors, ensuring the fairness of judicial proceedings.
- Protects the Legal System: It safeguards the judicial process from being compromised by unauthorized individuals.
- Maintains Public Trust: It ensures that only qualified and legally entitled individuals serve as assessors, maintaining trust in the legal system.
Examples of Offenses Under Section 268
- Example 1: A person impersonates another individual to be selected as an assessor in a court case.
- Example 2: An individual knowingly allows themselves to be empanelled as an assessor despite being disqualified by law.
- Example 3: A person serves as an assessor after being sworn in, knowing that their selection was contrary to legal requirements.
Conclusion
Section 268 of the BNS is a crucial provision to ensure the integrity of judicial processes. Impersonating an assessor or knowingly serving as one when not legally entitled is a punishable offense. Always act responsibly and uphold the principles of justice.
