Bharatiya Nyaya Sanhita: Section 268 – Personation of an 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.

Simplified Explanation

Section 268 addresses the crime of personating an assessor during judicial proceedings. An assessor is typically a person who is called upon to assist the judge in determining facts or legal issues in a case, particularly in more complex matters where expertise or a broader perspective is needed.

This section makes it an offense to intentionally impersonate someone who is legally qualified to serve as an assessor or to knowingly allow oneself to be unlawfully empanelled or sworn in as an assessor in a legal proceeding.

Key Components of Section 268

1. Who is Covered?
   • The Offender: Any person who impersonates (through personation or by any other means) or is unlawfully returned, empanelled, or sworn in as an assessor in a case, despite not having the legal qualifications to do so.
2. Actions Addressed:
   • Personation or False Representation:
     • The person intentionally causes or knowingly suffers themselves to be falsely empanelled or sworn in as an assessor.
   • Knowingly Serving as an Assessor:
     • If someone is aware that they have been unlawfully empanelled or sworn in as an assessor (i.e., contrary to the law), and still chooses to serve in that capacity, they are guilty under this section.
3. Legal Requirements for Assessor:
   • The section applies where the law prescribes specific qualifications for an individual to serve as an assessor. If someone who does not meet these criteria manages to be empanelled (included in the jury) or sworn in as an assessor, the section criminalizes their actions.

Punishment

• Imprisonment:
  • Imprisonment of either description (i.e., simple or rigorous) for up to 2 years.
• Fine:
  • A fine (the exact amount is not specified in the section, but it can be up to a reasonable amount as decided by the court).
• Both:
  • The court can impose both imprisonment and a fine.

Purpose of the Section

1. Ensuring Legal Integrity:
   • This provision ensures that only qualified individuals serve as assessors in judicial proceedings, preserving the fairness and integrity of the judicial process.
2. Deterrence of Fraudulent Activities:
   • The section discourages fraudulent practices, where individuals may try to impersonate or unlawfully serve as assessors, which could affect the outcome of a case or the fairness of the judicial process.
3. Maintaining Trust in Judicial Proceedings:
   • Ensuring that only legally qualified persons are involved in judicial decision-making helps maintain public confidence in the legal system. Impersonating an assessor undermines the judicial process and can lead to wrongful judgments.

Examples of Applicability

1. Impersonating an Assessor:
   • An individual falsely claims to meet the criteria for serving as an assessor in a court case (e.g., claiming expertise they do not possess) and manages to get empanelled or sworn in, thus participating in the legal proceedings.
2. Knowingly Serving Illegally:
   • A person who is aware they have been wrongfully included as an assessor (perhaps due to a clerical error or fraudulent influence) and still voluntarily participates in the trial would be guilty under this provision.
3. Failure to Challenge Unlawful Service:
   • An individual is unlawfully empanelled as an assessor, but despite knowing they are not legally entitled to the role, they willingly serve in the capacity.

Purpose in the Context of Justice System

This section is critical for maintaining the integrity of judicial processes, where assessors play a crucial role in determining the facts of the case. Any attempt to misrepresent oneself as qualified to serve as an assessor can severely compromise the fairness of the trial.