Section 386 BNSS: When Registrar or Sub-Registrar to be deemed a Civil Court (Formerly Section 347 CrPC)

Section 386 of Bharatiya Nagarik Suraksha Sanhita, 2023: When Registrar or Sub-Registrar to be deemed a Civil Court

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908, shall be deemed to be a Civil Court within the meaning of sections 384 and 385.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 386

Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 347 of the CrPC, 1973) deems Registrars and Sub-Registrars under the Registration Act, 1908 to be Civil Courts for the purposes of contempt procedures under Sections 384 and 385.

Statutory Legal Fiction: When the State Government so directs, any Registrar or any Sub-Registrar shall be deemed to be a Civil Court within the meaning of Sections 384 and 385.
Maintaining Decorum in Registration Offices: Protects land registry officers from intimidation, verbal assault, and obstruction during registration of conveyances.
Magisterial Referral: Allows registering officers to refer severe contemnors to the nearest Judicial Magistrate for trial.

Key Landmark Precedents:

Radha Ballabh v. State, AIR 1959 All 542: The High Court affirmed that registering officers possess statutory authority under the Code to penalize insults and disorderly conduct during property registrations.
State of U.P. v. Ram Swarup, (1974) 4 SCC 764: Discussed the scope of deemed civil courts exercising administrative functions under registration statutes.

Courtroom Practice & Strategic Litigation Guidance:

In contentious property disputes before the Sub-Registrar, maintain formal professional decorum; registering officers can exercise direct contempt powers under Section 386 if proceedings are obstructed.