Section 229 IPC: Personation of a Juror or Assessor
Section 229 of the Indian Penal Code, 1860 dealt with a person who intentionally or knowingly caused or allowed himself to be returned, empanelled or sworn as a juryman or assessor when he knew that he was not legally entitled to act in that capacity, or who voluntarily served after knowing that his selection was contrary to law.
This article explains Section 229 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force. It is retained as a reference for cases and legal questions governed by the earlier Indian Penal Code.
Text of Section 229 IPC
Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or 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 on such jury or 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.
Meaning of personation under Section 229 IPC
Section 229 protected the integrity of judicial proceedings by penalising a person who knowingly assumed, accepted or continued in the position of a juror or assessor despite knowing that he was not legally entitled to do so. The words "by personation or otherwise" make the provision broader than a case involving only the use of another person's identity.
Essential ingredients of Section 229 IPC
The statutory language requires intentional or knowing conduct. Depending on the facts, the prosecution would have to establish the relevant elements of the prohibited conduct, including:
- the person was returned, empanelled or sworn as a juryman or assessor, or intentionally caused or knowingly allowed that to occur;
- the person knew that he was not legally entitled to be returned, empanelled or sworn in that capacity; or
- after knowing that he had been returned, empanelled or sworn contrary to law, he voluntarily served on the jury or as an assessor.
Importance of intention and knowledge
The section expressly uses the expressions "intentionally," "knowingly" and "knows." Therefore, the statutory offence was directed at deliberate or knowing participation rather than merely describing an accidental or innocent irregularity in selection. Whether the required mental element is proved depends on the evidence in the particular case.
Punishment and classification under the pre-BNS law
| Offence | Personation of a juror or assessor |
|---|---|
| Punishment | Imprisonment of either description for up to two years, or fine, or both |
| Cognizable | No - non-cognizable |
| Bailable | Yes |
| Triable by | Magistrate of the First Class |
| Compoundable | No - non-compoundable |
Juror and assessor in the context of Section 229
The terminology of Section 229 reflected the historical language of the Indian Penal Code. For the offence, the central statutory question was whether the person knowingly acted, or allowed himself to be selected or sworn, in a judicial role in which he knew he had no lawful entitlement to serve.
Section 229 IPC and the Bharatiya Nyaya Sanhita
For the pre-BNS position, Section 229 IPC is the relevant provision discussed on this page. Under the Bharatiya Nyaya Sanhita, 2023, the corresponding subject is addressed in Section 268, titled "Personation of assessor." The BNS provision omits the obsolete references to a juryman while retaining the offence relating to an assessor.
Section 229 IPC at a glance
Section 229 IPC punished knowing or intentional participation as a juror or assessor where the person knew that he was not legally entitled to be selected, sworn or to serve in that capacity. The maximum punishment was imprisonment of either description for two years, or fine, or both.
Legal note: This page is deliberately framed around the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. For any particular proceeding, the applicable substantive and procedural law should be determined with reference to the relevant date and applicable saving or transition provisions.