What Is BNSS Section 386?

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

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.

Brief Detail

Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies that a Registrar or Sub-Registrar, appointed under the Registration Act of 1908, can be considered a Civil Court when directed by the State Government. This designation allows these officials to operate under the legal framework applicable to civil courts, particularly concerning sections 384 and 385.

What does Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?

It addresses the circumstances under which a Registrar or Sub-Registrar is deemed a Civil Court.

Who has the authority to direct that a Registrar or Sub-Registrar be deemed a Civil Court?

The State Government has the authority to make this designation.

Under which Act are the Registrars and Sub-Registrars appointed?

They are appointed under the Registration Act, 1908.

Which sections of the Bharatiya Nagarik Suraksha Sanhita are referenced in this section?

Sections 384 and 385 are referenced.

What implication does this section have for Registrars and Sub-Registrars?

It allows them to operate with the powers and responsibilities of a Civil Court.

Example

- The State Government issues a directive stating that all Registrars under the Registration Act, 1908, are to be treated as Civil Courts.
- A Registrar, now deemed a Civil Court, can hear cases related to registration disputes.
- Under this designation, the Registrar must follow the procedures outlined in sections 384 and 385.

Summary

Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for recognizing Registrars and Sub-Registrars as Civil Courts at the discretion of the State Government. This allows them to exercise specific judicial functions under the provisions of the law, enhancing their role in the civil registration process.