Section 268 BNS: Personation of assessor

Section 268 BNS punishes a person who gets himself returned, empanelled or sworn as an assessor when he knows he is not legally entitled to be so, or who knowingly serves as an assessor after being wrongly placed there. The section covers both active personation and other ways of getting into that position unlawfully. The key point is knowing that the appointment or service is contrary to law.

It must be shown that the person intentionally caused, or knowingly allowed himself, to be returned, empanelled or sworn as an assessor in a case where he knew he was not entitled by law. It also applies if he knew he had been so returned, empanelled or sworn contrary to law and still voluntarily served as an assessor. So knowledge and voluntary conduct are central under this section.

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

The punishment under Section 268 BNS is imprisonment of either description for a term which may extend to two years, or with fine, or with both. The exact sentence depends on the facts of the case and the court's decision.

If you are accused, collect any documents that show you were legally entitled, or that you did not know the return, empanelment or swearing was contrary to law. If you want to complain, keep records showing how the person was not entitled by law and any facts showing intentional personation or knowing service as an assessor. In either situation, take the papers and facts to a lawyer for advice on the next steps.