Indian criminal law | Updated 30 October 2026
IPC Section 229 and BNS Section 268: Personation of Assessor
A legal guide to the former Indian Penal Code provision on personation of a juror or assessor and its corresponding current offence under the Bharatiya Nyaya Sanhita, 2023.
IPC Section 229 and BNS Section 268: What changed?
Section 229 of the Indian Penal Code, 1860 was titled Personation of a juror or assessor. Its language addressed a person who knowingly or intentionally procured an unlawful appointment or knowingly served as a juryman or assessor.
Its closest corresponding provision, BNS Section 268, is titled Personation of assessor and refers to an assessor rather than to a juryman or assessor. The maximum punishment remains unchanged. The historical reference to jurors should not be read into the newer provision.
Both provisions belong to the group of offences concerned with the administration of public justice. Which law applies to a particular act depends on when it occurred and the applicable transitional rules.
What does personation of an assessor mean?
Under BNS Section 268, a person commits the offence if, knowing that they are not legally entitled to do so, they intentionally cause or knowingly allow themselves to be returned, empanelled or sworn as an assessor, whether through personation or another method. The section also covers a person who, knowing that their appointment or swearing-in was contrary to law, voluntarily serves as an assessor.
Definitions of important terms
- Personation: Presenting oneself as another person or assuming an identity or status one does not lawfully hold.
- Assessor: A person appointed or involved in a legally recognised assessor role in proceedings where the applicable law provides for one.
- Returned, empanelled or sworn: Formal steps through which a person is selected, placed on a panel or required to undertake the duties of an assessor.
- Knowingly: With awareness of the fact that the person lacks legal entitlement or that the appointment was unlawful.
These explanations are intended to assist understanding; the wording of the statute and the law governing the relevant proceedings control its application.
Essential ingredients of the offence
- A legally regulated assessor role: The relevant case or proceeding involves a position to which a person may be lawfully returned, empanelled or sworn.
- Lack of legal entitlement: The accused was not legally entitled to be appointed or sworn in that role, or the appointment was contrary to law.
- Required mental element: The accused intentionally caused or knowingly permitted the unlawful appointment, or knowingly served after such an appointment.
- Relevant conduct: The person was returned, empanelled or sworn, or voluntarily served in the assessor role despite the known legal defect.
Personation is one possible method; the words or otherwise make clear that impersonating a named individual is not the only possible route to liability. A merely accidental administrative error does not, by itself, establish the knowledge or intention described in the section.
Punishment, bail and trial under BNS Section 268
| Current provision | BNS Section 268, Personation of assessor |
|---|---|
| Former provision | IPC Section 229, Personation of a juror or assessor |
| Maximum punishment | Imprisonment of either description for up to two years, or fine, or both |
| Cognizability | Non-cognizable |
| Bail classification | Bailable |
| Court competent to try | Magistrate of the First Class |
| Applicable procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to transitional provisions |
The BNS provision does not fix a specific rupee ceiling for the fine. For non-cognizable offences, police investigation is subject to the applicable BNSS requirements; the non-cognizable classification does not mean the conduct is lawful or immune from prosecution.
Practical illustrations
Example 1: Deliberate false identity
A person knowingly uses another individual's identity to be appointed as an assessor despite having no lawful entitlement. If the statutory elements are proved, the conduct may fall within BNS Section 268.
Example 2: Knowing service after unlawful appointment
A person discovers that they were empanelled contrary to the applicable legal requirements but nevertheless voluntarily continues to serve as an assessor. The second limb of the section may be relevant.
Example 3: Innocent administrative mistake
A person is selected through an administrative error and is unaware of any legal disqualification. The prosecution would still need to establish the mental element required by Section 268; an error alone is not enough.
These are simplified hypothetical examples, not conclusions about any actual case.
Difference from other impersonation offences
BNS Section 268 is specifically concerned with unlawfully being appointed or serving as an assessor. Other forms of impersonation, deception or interference with proceedings may engage different provisions depending on their facts. It is therefore important not to treat every instance of impersonation in a court-related setting as an offence under this section.
Frequently asked questions
What is IPC Section 229?
IPC Section 229 historically punished knowingly or intentionally obtaining or serving in an unlawful capacity as a juror or assessor. It is relevant to acts governed by the former Indian Penal Code.
What is the corresponding section under the BNS?
Section 268 of the Bharatiya Nyaya Sanhita, 2023 deals with personation of an assessor. Unlike IPC Section 229, the BNS wording does not refer to jurors.
What is the punishment under BNS Section 268?
Imprisonment of either description for up to two years, or a fine, or both. The section does not prescribe a specific maximum amount of fine.
Is BNS Section 268 cognizable and bailable?
It is non-cognizable and bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Which court tries an offence under BNS Section 268?
A Magistrate of the First Class.
Does a mistaken appointment automatically amount to this offence?
Not necessarily. The statutory wording requires intentional conduct or knowledge of the lack of legal entitlement, or voluntary service with knowledge of the unlawful appointment.
Official legal sources and further reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (see Section 268)
- Bureau of Police Research and Development - BNS handbook and IPC correspondence
- Tripura Police - BNS and IPC comparison table
- India Code - official legislation database (consult BNSS First Schedule for offence classification)
Legal information is general in nature. For a specific case, check the statute, current amendments, procedural provisions and relevant judicial decisions.