268 BNS : Personation of an assessor.

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Introduction of 268 BNS

268 BNS deals with the crime of personation of an assessor. It ensures that only legally entitled individuals can serve as assessors in judicial proceedings. If someone pretends to be an assessor or knowingly allows themselves to act in that role unlawfully, they are punishable under this law. The section safeguards the integrity of the judicial system by preventing fraudulent participation in legal processes.

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The Bharatiya Nyaya Sanhita (BNS) Section 268 replaces the old Indian Penal Code (IPC) Section 229.

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What is BNS Section 268 ?

BNS Section 268 addresses cases where a person pretends or knowingly allows themselves to be wrongfully empanelled, sworn, or returned as an assessor in judicial proceedings. If someone violates this law, they may face imprisonment for up to two years, a fine, or both. The law ensures that only legally entitled individuals serve as assessors in court cases.

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Under Section 268 of the bns act 2023

“Whoever, not being legally entitled, personates or knowingly allows themselves to be empanelled, sworn, or returned as an assessor in any judicial proceeding, shall be punished with imprisonment up to two years, or with fine, or with both.”

1. Meaning of the Provision

• It criminalizes impersonating as an assessor or knowingly acting in that role without legal entitlement.
• Assessors play an important role in assisting courts; unauthorized participation can affect justice.
• Both active impersonation and knowingly continuing unlawfully are covered.

2. Who is Covered?

• Any person who pretends to be an assessor in judicial proceedings.
• Any person who knowingly continues to serve unlawfully after realizing they are not entitled.
• It does not apply to accidental mistakes without knowledge or intent.

3. Essential Ingredients

To convict under BNS 268, it must be proved that:

• The accused acted as an assessor.
• They were not legally entitled.
• They acted knowingly or intentionally.

4. Examples under BNS 268

• Example 1: A man pretends to be a qualified assessor and is sworn in for a trial. Later it is found he had no entitlement. → Guilty under BNS 268.
• Example 2: A person is mistakenly empanelled as an assessor but continues knowingly without informing the court. → Punishable.
• Not Covered: If a person is added by mistake and has no knowledge of disqualification, they are not guilty.

5. Punishment under BNS Section 268

• Imprisonment: Up to 2 years.
• Fine: Can be imposed.
• Both: Court may impose both depending on seriousness.

6. Legal Classification

• Bailable: Accused can seek bail.
• Non-Cognizable: Police need magistrate’s approval to arrest.
• Triable by: Magistrate of the first class.

7. Importance of Section 268

• Protects judicial proceedings from fraud.
• Ensures only genuine and qualified persons serve as assessors.
• Maintains fairness and transparency in the justice system.

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Section 268 BNS Overview

BNS Section 268 criminalizes the act of impersonating or knowingly serving as an assessor in judicial proceedings when not legally entitled to do so. It ensures the fairness and legality of judicial processes by penalizing unauthorized participation in such roles.

BNS Section 268 Explained in 10 Key Points

1. Purpose of the Section
   • The purpose of BNS Section 268 is to prevent unauthorized individuals from influencing judicial processes.
   • It protects the sanctity of court proceedings by ensuring that only legally entitled assessors participate.
   • The section addresses intentional misconduct in court systems, emphasizing lawful behavior.
2. Definition of Impersonation
   • Impersonation under this section means pretending or misrepresenting oneself as an assessor.
   • It includes knowingly allowing oneself to be wrongly sworn or empanelled.
   • This prevents fraudulent acts that could impact the outcome of judicial decisions.
3. Act of Participation
   • If someone knowingly acts as an assessor when they are not legally entitled, it constitutes an offense.
   • The law covers both intentional and voluntary participation after realizing the lack of entitlement.
   • This ensures that individuals cannot escape responsibility for their illegal actions.
4. Intention and Knowledge
   • The offense is based on two key elements: intention and knowledge.
   • A person must either intentionally impersonate or knowingly serve unlawfully.
   • Unintentional mistakes or lack of awareness do not attract punishment under this section.
5. Maximum Punishment
   • The maximum penalty includes imprisonment for up to two years.
   • Alternatively, offenders may face a fine, or both penalties can be applied.
   • The severity of the punishment ensures deterrence against such offenses.
6. Non-Cognizable Nature
   • BNS Section 268 is classified as a non-cognizable offense.
   • Police cannot arrest or investigate the accused without prior permission from a magistrate.
   • This classification limits arbitrary arrests for the offense.
7. Bailable Offense
   • The offense under this section is bailable, meaning the accused can apply for bail.
   • This ensures that individuals are not detained unnecessarily during the trial.
   • It balances the rights of the accused with judicial integrity.
8. Trial by Magistrate
   • Cases under Section 268 are tried by a Magistrate of the first class.
   • This ensures that cases are handled by a competent judicial authority.
   • The magistrate determines guilt and imposes the appropriate punishment.
9. Impact on Judicial Processes
   • Unauthorized assessors can influence judicial decisions, leading to unfair outcomes.
   • This section maintains the credibility and integrity of the judiciary.
   • It deters individuals from attempting to manipulate court proceedings.
10. Broader Legal Context

• BNS Section 268 complements other legal provisions protecting judicial processes.
• It underscores the importance of lawful participation in the justice system.
• The section applies in all cases where individuals knowingly or intentionally act unlawfully.

Examples of BNS Section 268

1. Example 1:
   A person pretends to be a qualified assessor and is sworn in for a court case. Later, it is discovered that they lacked the legal qualification to serve in this role. This act of impersonation makes them liable under Section 268.
2. Example 2:
   An individual is empanelled as an assessor by mistake. After realizing this error, they continue to serve knowingly without reporting it to the authorities. This intentional participation is punishable under Section 268.

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BNS 268 Punishment

1. Imprisonment: The offender may face imprisonment of up to two years.
2. Fine: Alternatively, or in addition to imprisonment, the offender may be ordered to pay a fine.

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BNS 268 bailable or not ?

The offense under BNS Section 268 is bailable, allowing the accused to seek bail and avoid detention during the trial process.

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Bharatiya Nyaya Sanhita Section 268

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Comparison Table: BNS 268 vs IPC 229

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BNS Section 268 FAQs

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Conclusion

BNS Section 268 plays an important role in protecting the fairness of judicial proceedings. By criminalizing impersonation of assessors, it ensures that only lawful and qualified individuals take part in such responsibilities. The punishment of up to two years of imprisonment or fine acts as a deterrent against fraud and misconduct. This section, while replacing IPC Section 229, continues to safeguard the credibility, transparency, and trust of India’s justice system.

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