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Bharatiya Nagarik Suraksha Sanhita

Section 386

When Registrar or Sub-Registrar to be deemed a Civil Court

Quick Answer Reference: Section 386 BNSS

  • Provision: Section 386 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
  • Jurisdiction: India
  • Summary: When the State Government orders, a Registrar or Sub-Registrar can be treated as a Civil Court for certain purposes. This means they have the power to act like a Civil Court.
Statutory Content

What does Section 386 of BNSS say?

When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 384 and 385.

Indian StandardSection 386, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 386 (India)
Court Pleading StandardSection 386 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/386

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 386 of BNSS mean?

Plain English Explanation

When the State Government orders, a Registrar or Sub-Registrar can be treated as a Civil Court for certain purposes. This means they have the power to act like a Civil Court.

Practical Interpretation

This section allows the State Government to designate a Registrar or Sub-Registrar as a Civil Court in specific situations. This can be useful for administrative purposes, such as resolving disputes or conducting investigations.

Core Legal Purpose

The core purpose of this section is to empower the State Government to designate Registrars or Sub-Registrars as Civil Courts, enabling them to perform certain judicial functions.

Key Legal Elements
  • The State Government must direct the Registrar or Sub-Registrar to be deemed a Civil Court.
  • The Registrar or Sub-Registrar must be appointed under the Registration Act, 1908.
  • The Registrar or Sub-Registrar must be deemed a Civil Court within the meaning of sections 384 and 385.
  • This section does not specify any exceptions or limitations.
Practical Example

Practical Example of Section 386 BNSS

Rajesh, a citizen of Maharashtra, disputes the ownership of a property with his neighbor, Priya. The State Government directs the local Registrar, Amit, to be deemed a Civil Court to resolve the dispute. Amit conducts a hearing, gathers evidence, and makes a ruling on the ownership of the property. In this scenario, Amit, as the designated Civil Court, has the power to act like a Civil Court and resolve the dispute.

Common Questions (FAQ)

Frequently Asked Questions about Section 386 BNSS

Q: What is the punishment or consequence under Section 386 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to Registrars or Sub-Registrars appointed under the Registration Act, 1908, which are public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 386 BNSS

What is Section 386 of BNSS?

Section 386 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When Registrar or Sub-Registrar to be deemed a Civil Court". In plain terms: When the State Government orders, a Registrar or Sub-Registrar can be treated as a Civil Court for certain purposes. This means they have the power to act like a Civil Court.

What is the punishment under Section 386 of BNSS?

Section 386 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 386 of BNSS bailable or non-bailable?

Whether Section 386 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 386 of BNSS?

The essential elements of Section 386 of BNSS are: The State Government must direct the Registrar or Sub-Registrar to be deemed a Civil Court.; The Registrar or Sub-Registrar must be appointed under the Registration Act, 1908.; The Registrar or Sub-Registrar must be deemed a Civil Court within the meaning of sections 384 and 385..

Landmark Case Laws

Landmark Judgments under Section 386 BNSS

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

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