Indian Penal Code, 1860
Section 229
repealedPersonation of a juror or assessor
Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or 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 on such jury or 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
In the 19th century, Indian courts used juries and assessors (lay persons who helped judges decide facts, especially in criminal trials) in certain cases. The integrity of a trial depended on the right, eligible people serving in these roles. Section 229 was designed to stop fraud or impersonation in jury/assessor selection — protecting the fairness of trials from manipulation by ineligible or dishonest persons pretending to have the right to serve.
Common misconceptions
- Myth: This section is about jury trials still happening in India today.
Fact: Jury trials were abolished in India after 1959 (following the K.M. Nanavati case), so this section mainly retains historical and residual relevance, such as for assessors in certain proceedings. - Myth: Only impersonating another named person counts as an offence here.
Fact: The section also punishes someone who simply knows they were wrongly or unlawfully selected as a juror/assessor and still chooses to serve, even without pretending to be someone else.