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Section 38: Persons exempt from appearance at registration office

Registration Act • Official Statutory Text & Practice Guide

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Act 1908
Section 37 All 93 Sections of Registration Act Section 39

Legal Commentary & Landmark Judgments: Section 38

Section 38 grants personal exemption from appearing at the registration office to persons with bodily infirmity, jail inmates, and persons exempt by law from personal court appearance.

  • Statutory Categories of Exemption: Persons who are: (a) unable to attend without risk or serious inconvenience by reason of sickness or bodily infirmity, (b) persons in jail under civil or criminal process, and (c) persons exempt by law from personal appearance in court (e.g., Section 132/133 CPC).
  • Commission or Personal Visit: Registering officer shall either personally visit the residence/jail or issue a commission to examine the person.
  • Examination on Oath: Officer or commissioner examines the exempt person regarding execution and identity at their place of confinement.
Key Landmark Precedents:
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: The Supreme Court analyzed Section 38 commissions, emphasizing that examination of ailing or bedridden executants requires strict procedural fidelity to prevent fraud.
  • Mst. Kharbuja Kuer v. Jangbahadur Rai, AIR 1963 SC 1203: Affirmed special protections for exempt and pardanashin ladies in property executions.
Courtroom Practice & Strategic Litigation Guidance:

Incarcerated executants can execute registered documents inside jail premises; submit a Section 38 petition to the Sub-Registrar accompanied by the Jail Superintendent's formal certificate.

Section 37 All 93 Sections of Registration Act Section 39