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.
The Bharatiya Nyaya Sanhita (BNS) Section 268 replaces the old Indian Penal Code (IPC) Section 229.
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.
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.
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 main purpose of BNS Section 268 is to stop people who are not authorized from taking part in court proceedings as assessors. This section ensures that no outsider or fake person influences the court’s decision. It helps protect the honesty and fairness of the court so that justice is given in the right manner. By controlling who can act as an assessor, the section maintains discipline and respect for the judicial process.
2. Definition of Impersonation
Impersonation under this section means pretending to be someone you are not, in order to act as an assessor in court. This includes situations where a person knowingly allows themselves to be wrongly selected, sworn in, or appointed as an assessor. The law clearly says that no one should pretend to be legally allowed to do the job of an assessor. This rule prevents cheating or misuse of identity that could affect the court’s judgment.
3. Act of Participation
If a person, after knowing that they are not legally permitted, still performs the work or duty of an assessor, it becomes a punishable act. Even if they discover later that they are not authorized but continue to act, it is still considered an offense. This ensures that people do not take advantage of the system by participating illegally and then pretending to be innocent. The aim is to stop anyone who is not qualified from influencing a court case.
4. Intention and Knowledge
For the offense to apply, the person must have either knowingly pretended or knowingly continued to act as an assessor without legal rights. This means two things matter:
- Intention – they did it on purpose, and
- Knowledge – they knew they were not authorized.
If a person genuinely makes a mistake without knowing the rules, they will not be punished. Only deliberate or informed wrongdoing is covered under this section.
5. Maximum Punishment
If a person is found guilty under Section 268, they can be punished with imprisonment of up to two years. The court may also impose a fine, and in some cases, both may be applied together. The punishment is kept strict so that people do not try to enter or influence court matters illegally. The higher punishment acts as a warning and discourages such misconduct.
6. Non-Cognizable Nature
This offense is non-cognizable, which means the police cannot arrest or start investigating on their own. They must first get permission from a magistrate to take any action. This prevents misuse of the law and protects people from being arrested without proper legal approval. It ensures that only genuine cases are taken forward for legal action.
7. Bailable Offense
Since this offense is bailable, the person accused has the right to apply for bail and can be released during the trial. They do not need to stay in jail while the case is going on. This protects the rights of the accused and ensures that they are not treated as hardened criminals unless proven guilty. It maintains a balance between legal control and personal freedom.
8. Trial by Magistrate
Cases under Section 268 are handled by a Magistrate of the First Class. This ensures that the case is heard by a qualified judicial officer who has the authority to decide the matter. The magistrate examines the facts, listens to both sides, and then gives a judgment. This process maintains legal fairness and ensures the case is handled at the right level of the court system.
9. Impact on Judicial Processes
If unauthorized people act as assessors, they can wrongly influence the decisions of the court. This can result in unfair judgments and injustice to the parties involved. Section 268 protects the decision-making process by keeping unauthorized persons away. It helps maintain the trust of the public in the justice system, ensuring that all decisions are taken fairly and legally.
10. Broader Legal Context
Section 268 works together with other legal provisions that protect the fairness and accuracy of court proceedings. It reminds everyone that only authorized people should participate in the justice system. The rule applies to all cases where a person intentionally or knowingly acts without legal authority in court. This section strengthens the legal system by promoting honesty, transparency, and proper conduct.
Examples of BNS Section 268
- 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. - 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.
BNS 268 Punishment
- Imprisonment: The offender may face imprisonment of up to two years.
- Fine: Alternatively, or in addition to imprisonment, the offender may be ordered to pay a fine.
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.
Comparison Table: BNS 268 vs IPC 229
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 268 | Applies to anyone who impersonates or knowingly allows themselves to be sworn or empanelled as an assessor in judicial proceedings without being legally entitled. The aim is to protect the integrity of the judicial process and prevent fraudulent participation. | Imprisonment up to 2 years, or fine, or both. Ensures deterrence against impersonation that could influence judicial outcomes. | Bailable | Non-Cognizable | Tried by a Magistrate of the First Class. |
| IPC Section 229 (Old) | Punished anyone who personated an assessor in any judicial proceeding or knowingly acted without legal right. The provision safeguarded courts from fraudulent assessors under the old penal code. | Imprisonment up to 2 years, or fine, or both — similar to the new provision, but without updated clarity on intentional participation. | Bailable | Non-Cognizable | Tried by a Magistrate of the First Class. |
| Key Difference: BNS Section 268 retains the essence of IPC Section 229 but provides clearer language and emphasis on both impersonation and knowing participation. It modernizes the law to better protect judicial fairness and prevent unauthorized individuals from influencing court proceedings. | |||||
BNS Section 268 FAQs
What does BNS Section 268 deal with?
It criminalizes impersonating or knowingly acting as an assessor in court when not legally entitled.
What is the maximum punishment under BNS section 268 ?
The maximum punishment is imprisonment for up to two years, a fine, or both.
BNS 268 offense bailable?
Yes, the offense under Section 268 is bailable.
Can police arrest without a warrant for this offense?
No, the offense is non-cognizable, so police cannot arrest without a magistrate’s approval.
Who tries cases under Section 268?
Cases are triable by a Magistrate of the first class.
Why is this BNS section 268 important?
It ensures that only legally entitled individuals serve as assessors, maintaining the integrity of judicial proceedings.
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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Finished with BNS 268 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 269 BNS : Failure by person released on bail or bond to appear in court.
- https://marriagesolution.in/bns_section/269-bns/
Chapter XV – Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals.
- 270 BNS : Public nuisance.
- https://marriagesolution.in/bns_section/270-bns/
- BNS 271 : Negligent act likely to spread infection of disease dangerous to life.
- https://marriagesolution.in/bns_section/bns-271/
- 272 BNS : Malignant act likely to spread infection of disease dangerous to life.
- https://marriagesolution.in/bns_section/272-bns/
- 273 BNS : Disobedience to quarantine rule.
- https://marriagesolution.in/bns_section/273-bns/
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