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Section 86: Registering officer not liable for things bona fide done or omitted in his official capacity

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Statutory Regulation
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Competent Court / Tribunal
Act 1908
Section 85 All 93 Sections of Registration Act Section 87

Legal Commentary & Landmark Judgments: Section 86

Section 86 provides statutory indemnity and protection to registering officers against personal civil or criminal liability for anything done or omitted in good faith in their official capacity.

  • Official Good-Faith Immunity: No registering officer shall be liable to any suit, claim, or demand by reason of anything in good faith done or refused in his official capacity.
  • Protection for Bona Fide Errors: Shields officers from personal damages actions for procedural oversights or administrative errors committed without malice.
  • Exclusion of Fraud and Corruption: Immunity is strictly contingent on good faith; it does not protect officers who act corruptly, collude with fraudsters, or commit offences under Section 81.
Key Landmark Precedents:
  • State of Maharashtra v. Labour Law Practitioners' Association, (1998) 2 SCC 688: The Supreme Court affirmed that good-faith statutory immunity protects public officers in executing contentious quasi-judicial duties.
  • Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: Settled that Section 86 provides no shield to registering officers who act in reckless disregard of statutory mandates or in conspiracy with fraudulent parties.
Courtroom Practice & Strategic Litigation Guidance:

In challenging a Sub-Registrar's unlawful registration of a forged deed, implead the officer in their official capacity and demonstrate demonstrable bad faith or collusion to overcome the Section 86 bar.

Section 85 All 93 Sections of Registration Act Section 87