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Section 83: Registering officer may commence prosecutions

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Act 1908
Section 82 All 93 Sections of Registration Act Section 84

Legal Commentary & Landmark Judgments: Section 83

Section 83 regulates the commencement of criminal prosecutions for offences coming under Section 81 or Section 82, permitting registration officers to initiate proceedings with official permission.

  • Prosecution by Registering Officer: A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by him with the permission of the Inspector-General or Registrar.
  • Private Complaint Right Intact: Section 83 does not bar private citizens or victims of fraudulent registration from directly lodging police complaints or private criminal complaints under Section 190/200 CrPC.
  • Official Duty to Report: Registration officers discovering fabricated documents or impersonation during Section 34/35 inquiry must impound the deed and report to the police.
Key Landmark Precedents:
  • Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: The Supreme Court settled that Section 83 is not an exhaustive or exclusive bar; it enables registering officers to prosecute, but does not preclude an aggrieved private victim of fraud from filing a police FIR under Section 82.
  • Dharmeshbhai Vasudevbhai Patel v. State of Gujarat, (2009) 6 SCC 340: The Supreme Court confirmed that private individuals have an inherent right to set the criminal law in motion for property registration frauds.
Courtroom Practice & Strategic Litigation Guidance:

You do not need the Sub-Registrar's prior permission to file a criminal complaint against an impersonator; approach the police or Judicial Magistrate directly under Section 82 read with Section 83 jurisprudence.

Section 82 All 93 Sections of Registration Act Section 84