Code : Section 268 BNS
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.
Explanation of Section 268 BNS
Section 268 of the BNS deals with the offense of personation of an assessor. An assessor is a person who assists the court by providing expert opinions or advice based on their specialized knowledge in a particular field. This section criminalizes the act of knowingly impersonating or unlawfully serving as an assessor without legal entitlement.
Key elements of the offense include:
- Intentional Personation: Deliberately presenting oneself as an assessor when not legally qualified.
- Knowledge of Ineligibility: The individual is aware that they are not entitled to be an assessor.
- Voluntary Service: Despite knowing the legal ineligibility, the individual knowingly serves as an assessor.
Illustration
Example 1:
A person without legal qualifications or relevant expertise intentionally submits themselves as an assessor in a criminal trial, knowing they are not eligible. They are found serving as an assessor during proceedings.
Example 2:
An individual was mistakenly empaneled as an assessor but realizes their ineligibility during the trial. Instead of rectifying the mistake, they continue to serve, knowing it is against the law.
Common Questions and Answers on Section 268 BNS
1. What is considered personation of an assessor under Section 268?
- Answer: Personation refers to knowingly presenting oneself as an assessor when one is not legally entitled to be so, either through deception or by failing to disclose the ineligibility.
2. What are the penalties for violating Section 268?
- Answer: The offender may face imprisonment for up to two years, a fine, or both.
3. Does this section apply to individuals who were mistakenly empaneled as assessors?
- Answer: Yes, if the individual knowingly continues to serve despite being aware of their ineligibility, they can be penalized under this section.
Conclusion
Section 268 of the BNS ensures the integrity of judicial proceedings by penalizing the act of unlawfully serving as an assessor. This provision upholds the credibility of legal processes, ensuring that only qualified individuals contribute to judicial decisions as assessors.
For more details, refer to the Bharatiya Nyaya Sanhita, 2023.
