Bharatiya Nyaya Sanhita, 2023
Section 268
Personation of 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.
Why this exists
Assessors are lay persons who assist a judge in certain trials, similar in spirit to jurors, and their proper, lawful selection matters to the fairness of the proceeding. This section, continuing the old IPC Section 229, guards against someone dishonestly inserting themselves into that role, which could distort the outcome of a trial.
Common misconceptions
- Myth: Assessors work like jury members in ordinary Indian criminal trials today.
Fact: Jury trials were abolished in India decades ago; assessors are used only in limited, specific circumstances, making this offence rarely invoked today.