Bharatiya Nyaya Sanhita, 2023
Section 268 BNS: Personation of Assessor
Section 268 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, by personation or otherwise, intentionally causes or knowingly permits himself to be returned, empanelled or sworn as an assessor when he knows that he is not legally entitled to act in that capacity, or who voluntarily serves as an assessor after knowing that he was returned, empanelled or sworn contrary to law.
Text of Section 268 BNS
268. Personation of assessor. Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as an 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 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 and Scope of Section 268
Section 268 is directed against false or unlawful participation as an assessor in a legal proceeding. It covers both active personation and other forms of conduct by which a person intentionally causes, or knowingly allows, himself to be returned, empanelled or sworn as an assessor despite knowing that he is not legally entitled to act in that capacity.
The section also applies where a person knows that he has been returned, empanelled or sworn contrary to law and nevertheless voluntarily serves as an assessor.
Meaning of Assessor in Section 268
In the context of Section 268, an assessor is a person legally selected, returned, empanelled or sworn to assist in a proceeding in a capacity recognised by law. The precise legal role depends on the law governing the particular proceeding in which assessors are used.
Section 268 does not itself create or define the office of assessor. Instead, it penalises a person who knowingly assumes or serves in that legal role without entitlement.
Essential Ingredients of Section 268 BNS
The principal statutory elements are:
- the person is returned, empanelled or sworn as an assessor, or causes or permits that result;
- the person is not legally entitled to be returned, empanelled or sworn as an assessor;
- the person knows of that lack of legal entitlement;
- the conduct occurs by personation or otherwise and is intentional or knowing; or
- after knowing that he was returned, empanelled or sworn contrary to law, the person voluntarily serves as an assessor.
Conduct Covered by Section 268
1. Personation
A person may commit the offence by pretending to be another person or otherwise misrepresenting his identity or entitlement so as to be returned, empanelled or sworn as an assessor.
2. Knowingly allowing unlawful empanelment
The provision is not limited to direct impersonation. It also covers a person who knowingly permits himself to be returned, empanelled or sworn despite knowing that he is not entitled by law to act as an assessor.
3. Voluntarily serving despite knowledge of illegality
Even if the initial return, empanelment or swearing was not caused by the person, Section 268 may apply if he later knows that the process was contrary to law and nevertheless voluntarily serves as an assessor.
Punishment, Cognizability, Bail and Trial Court
| Particular | Position under current law |
|---|---|
| Maximum punishment | Imprisonment of either description up to 2 years, or fine, or both |
| Cognizable / non-cognizable | Non-cognizable |
| Bailable / non-bailable | Bailable |
| Court competent to try | Magistrate of the first class |
The procedural classification is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 268 BNS and the Earlier IPC Provision
Section 268 BNS substantially corresponds to Section 229 of the Indian Penal Code, 1860, which dealt with personation of a juror or assessor. The BNS provision specifically uses the expression "assessor". For conduct governed by the Bharatiya Nyaya Sanhita after its commencement, Section 268 BNS is the current statutory reference.
Official Legal Resources
For the authoritative statutory text and current procedural classification, refer to the official Government of India resources in the right sidebar.
Last reviewed: 9 September 2026.