Section 386 of BNSS, 2023 — When Registrar or Sub-Registrar to be Deemed a Civil Court

Introduction

Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the legal status of a Registrar or Sub-Registrar for the limited purposes of certain proceedings relating to offences affecting the administration of justice.

The provision states that when the State Government so directs, a Registrar or Sub-Registrar appointed under the Registration Act, 1908 shall be deemed to be a Civil Court within the meaning of Sections 384 and 385 of the BNSS.

The provision is therefore a statutory deeming provision. It does not generally convert a Registrar or Sub-Registrar into a Civil Court for all purposes.

Meaning of Section 386

Section 386 creates a legal fiction under which a Registrar or Sub-Registrar can be treated as a Civil Court for the specific purposes mentioned in the section.

The provision operates only when the State Government issues the necessary direction.

Thus, two conditions are central:

• The person must be a Registrar or Sub-Registrar appointed under the Registration Act, 1908.
• The State Government must direct that such officer shall be deemed to be a Civil Court.

Once these conditions are satisfied, the officer is treated as a Civil Court within the meaning of Sections 384 and 385 of the BNSS.

Statutory Basis

Section 386 of the BNSS provides:

“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.”

The provision is situated in the chapter dealing with provisions relating to offences affecting the administration of justice.

Object and Purpose

The purpose of Section 386 is to extend the relevant procedural treatment applicable to a Civil Court to specified Registrars and Sub-Registrars when the State Government considers such treatment necessary.

Registration authorities perform statutory functions under the Registration Act, 1908. In certain circumstances, proceedings before such authorities may require the application of the procedural provisions concerning conduct before a Court.

Section 386 provides the statutory mechanism for treating the concerned Registrar or Sub-Registrar as a Civil Court for the limited purposes identified in the provision.

Essential Elements

1. Registrar or Sub-Registrar

The provision applies to a Registrar or Sub-Registrar appointed under the Registration Act, 1908.

Therefore, the reference is not to every officer working in a registration office. The officer must fall within the category specified by the statute.

2. Direction of the State Government

The deeming provision becomes applicable when the State Government so directs.

The status is therefore not automatically attached to every Registrar or Sub-Registrar throughout the country.

3. Limited Civil Court Status

The Registrar or Sub-Registrar is deemed to be a Civil Court only within the meaning of Sections 384 and 385.

The provision does not confer the complete jurisdiction, powers and functions of an ordinary Civil Court upon the registration authority.

Relationship with Section 384

Section 384 deals with the procedure in certain cases of contempt.

It concerns circumstances in which a Court deals with specified conduct occurring in its presence or affecting the proceedings before it.

Section 386 allows a Registrar or Sub-Registrar covered by the State Government’s direction to be treated as a Civil Court for the purposes of Section 384.

Relationship with Section 385

Section 385 deals with the procedure where a Court considers that a case should not be dealt with under Section 384.

It provides the procedure for forwarding the matter to a Magistrate in the circumstances contemplated by the provision.

Section 386 extends the relevant Civil Court status to a Registrar or Sub-Registrar for the purposes of Section 385 as well.

Nature of the Provision

Section 386 is a procedural deeming provision.

The expression “shall be deemed to be a Civil Court” creates a statutory fiction. The fiction must be applied only for the purpose for which Parliament has created it.

Consequently, the section should not be interpreted as saying that a Registrar or Sub-Registrar becomes a Civil Court in every respect.

The deeming is specifically connected with Sections 384 and 385.

Scope of Section 386

The scope of Section 386 can be summarised as follows:

• It concerns Registrars and Sub-Registrars appointed under the Registration Act, 1908.
• It requires a direction from the State Government.
• It treats the concerned authority as a Civil Court for the purposes of Sections 384 and 385.
• It does not confer general civil jurisdiction upon the Registrar or Sub-Registrar.
• It does not replace the ordinary functions of the registration authority under the Registration Act, 1908.

Procedure

The operation of Section 386 may be understood in the following steps:

1. A Registrar or Sub-Registrar is appointed under the Registration Act, 1908.
2. The State Government issues a direction contemplated by Section 386.
3. The concerned Registrar or Sub-Registrar is deemed to be a Civil Court for the purposes of Sections 384 and 385.
4. The relevant provisions of Sections 384 and 385 can consequently operate in relation to that authority within the limits prescribed by law.

Section 386 itself does not establish a separate trial procedure. It determines the legal status of the Registrar or Sub-Registrar for the specific provisions referred to in it.

Important Limitations

No General Civil Court Jurisdiction

A Registrar or Sub-Registrar does not acquire the general jurisdiction of a Civil Court merely because Section 386 applies.

The deeming provision is restricted to the purposes expressly mentioned in the section.

State Government Direction Is Necessary

The provision does not automatically apply to every Registrar and Sub-Registrar.

The State Government must issue the relevant direction.

Limited Statutory Fiction

The expression “deemed to be a Civil Court” must be read together with the words “within the meaning of sections 384 and 385.”

Therefore, the legal fiction cannot ordinarily be extended beyond those provisions.

Section 386 and the Registration Act, 1908

The Registrar and Sub-Registrar referred to in Section 386 are authorities appointed under the Registration Act, 1908.

The Registration Act governs their ordinary registration-related functions.

Section 386 of the BNSS operates for a specific procedural purpose and does not replace or modify the general statutory framework governing registration.

BNSS and CrPC

Section 386 of the BNSS corresponds to Section 347 of the Code of Criminal Procedure, 1973.

The basic provision has been substantially retained.

Under the CrPC, Section 347 provided that, when the State Government so directed, a Registrar or Sub-Registrar appointed under the Registration Act, 1908 could be deemed to be a Civil Court for the purposes of Sections 345 and 346.

Under the BNSS, the corresponding provision is Section 386, and the connected provisions are now Sections 384 and 385.

The principal change is therefore the renumbering of the provision and the corresponding sections, rather than a fundamental change to the underlying rule.

Important Distinctions

Registrar or Sub-Registrar vs Civil Court

A Registrar or Sub-Registrar is not ordinarily a Civil Court.

Section 386 creates a limited statutory fiction under which the concerned authority may be deemed to be a Civil Court for specified BNSS provisions.

Deemed Civil Court vs Ordinary Civil Court

Being deemed to be a Civil Court under Section 386 does not mean that the Registrar or Sub-Registrar receives all the powers and jurisdiction of an ordinary Civil Court.

The deeming applies only for the purposes specified in Sections 384 and 385.

Automatic Status vs State Government Direction

The status under Section 386 is not automatic.

A direction from the State Government is required before the statutory deeming provision operates.

Example

Suppose a Sub-Registrar appointed under the Registration Act, 1908 is covered by a direction issued by the State Government under Section 386.

For the limited purposes of Sections 384 and 385, that Sub-Registrar will be deemed to be a Civil Court.

However, this does not mean that the Sub-Registrar becomes an ordinary Civil Court or acquires general civil jurisdiction over disputes between parties.

Important BNSS Provisions

• Section 384: Procedure in certain cases of contempt.
• Section 385: Procedure where Court considers that case should not be dealt with under Section 384.
• Section 386: When Registrar or Sub-Registrar to be deemed a Civil Court.
• Section 387: Discharge of offender on submission of apology.
• Section 388: Imprisonment or committal of person refusing to answer or produce document.

Topic at a Glance

• Section: 386, BNSS, 2023
• Subject: Registrar or Sub-Registrar deemed to be a Civil Court
• Relevant authority: Registrar or Sub-Registrar appointed under the Registration Act, 1908
• Requirement: Direction by the State Government
• Extent of deeming: For the purposes of Sections 384 and 385
• Nature: Limited statutory deeming provision
• Corresponding CrPC provision: Section 347
• General civil jurisdiction: Not conferred by Section 386

Quick Revision

• Section 386 deals with when a Registrar or Sub-Registrar is deemed to be a Civil Court.
• The officer must be appointed under the Registration Act, 1908.
• A direction from the State Government is necessary.
• The deeming applies specifically for the purposes of Sections 384 and 385.
• It does not give the Registrar or Sub-Registrar general jurisdiction as a Civil Court.
• Section 386 corresponds to Section 347 of the CrPC.
• The basic rule has been retained under the BNSS, with corresponding changes in section numbering.

ALSO READ: Section 385 – Procedure where Court considers that case should not be dealt with under section 384

Conclusion

Section 386 of the BNSS provides a limited statutory mechanism for treating a Registrar or Sub-Registrar appointed under the Registration Act, 1908 as a Civil Court. This status arises only when the State Government so directs and operates specifically within the framework of Sections 384 and 385. The provision therefore creates a narrowly defined legal fiction rather than conferring the general jurisdiction and powers of a Civil Court upon registration authorities.