Code: Section 386 BNSS
386.
When the State Government issues a direction, any Registrar or Sub-Registrar appointed under the Registration Act, 1908, shall be deemed to be a Civil Court for the purposes of Section 384 BNSS and Section 385 BNSS.
Explanation of Section 386 BNSS
Section 386 BNSS provides the State Government with the authority to declare that Registrars and Sub-Registrars under the Registration Act, 1908 will function as a Civil Court in certain situations.
Key Provisions:
- Who Can Be Declared a Civil Court?
- Any Registrar or Sub-Registrar under the Registration Act, 1908.
- Only when the State Government issues a direction for it.
- Why Is This Provision Important?
- It allows Registrars/Sub-Registrars to exercise judicial powers for cases under Sections 384 and 385 BNSS.
- This ensures quicker legal proceedings in cases involving contempt, false evidence, or disobedience before a Registrar.
- What Powers Does a Registrar/Sub-Registrar Get Under This Section?
- If Section 384 BNSS applies, they can impose summary punishments (fine up to ₹1,000 or one-month imprisonment).
- If Section 385 BNSS applies, they can forward cases to a Magistrate for trial if harsher punishment is needed.
Illustration
Example 1: False Evidence Before a Sub-Registrar
A person submits fake documents before the Sub-Registrar for property registration. If the State Government has declared the Sub-Registrar as a Civil Court, they can invoke Section 384 BNSS and impose a summary fine or imprisonment.
Example 2: Contempt Before a Registrar
An individual insults or obstructs the Registrar during a legal proceeding related to document registration.
- If the State Government has granted Civil Court status, the Registrar may penalize the offender under Section 384 BNSS.
- If the offence is serious, they may escalate the case to a Magistrate under Section 385 BNSS.
Common Questions and Answers on Section 386 BNSS
1. Does this section automatically apply to all Registrars and Sub-Registrars?
No. It applies only when the State Government issues a specific direction.
2. Why would the State Government designate a Registrar/Sub-Registrar as a Civil Court?
- To handle cases efficiently involving fraud, contempt, or false evidence before a Registrar.
- To reduce the burden on regular courts by allowing summary action.
3. What legal powers does a Registrar/Sub-Registrar get under this section?
- The ability to punish minor offences summarily under Section 384 BNSS.
- The power to forward serious cases for trial under Section 385 BNSS.
4. Can an appeal be filed against a Registrar’s decision under this section?
Yes, just like any other judicial order, an appeal can be filed against their decision in a higher court.
5. Can the State Government revoke this power once granted?
Yes. The State Government can withdraw the status of Civil Court from any Registrar or Sub-Registrar at any time.
Conclusion
Section 386 BNSS gives State Governments the power to extend judicial authority to Registrars and Sub-Registrars in cases of false evidence, contempt, or misconduct before them. This ensures quicker legal action while reducing the burden on traditional courts.
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