Section 386 BNSS: When Registrar or Sub-Registrar Is Deemed a Civil Court

Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates a limited statutory deeming rule. When the State Government so directs, a Registrar or Sub-Registrar appointed under the Registration Act, 1908 is treated as a Civil Court for the purposes of Sections 384 and 385 of the BNSS.

Text of Section 386, Bharatiya Nagarik Suraksha Sanhita, 2023

386. 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.

Meaning and scope of Section 386 BNSS

Section 386 does not make every Registrar or Sub-Registrar a Civil Court for every legal purpose. The deeming effect is conditional and limited. It applies when the State Government issues the necessary direction and only for the purposes referred to in Sections 384 and 385 of the BNSS.

The officer must be a Registrar or Sub-Registrar appointed under the Registration Act, 1908.
A direction of the State Government is required before the deeming provision operates.
The legal fiction is expressly tied to Sections 384 and 385 of the BNSS.
The provision should therefore be read together with the procedural powers and safeguards contained in those sections.

Connection with Sections 384 and 385 BNSS

Section 384 deals with procedure in certain cases of contempt committed in the view or presence of a Court. Section 385 deals with the procedure where the Court considers that the matter should not be disposed of under Section 384. Section 386 extends the expression "Civil Court" for these limited purposes to specified registration officers when the State Government directs.

This means that the effect of Section 386 is procedural. It enables the statutory mechanism under Sections 384 and 385 to apply in the specified setting, rather than generally changing the legal status of a registration office.

Who are Registrar and Sub-Registrar under the Registration Act, 1908?

Under Section 6 of the Registration Act, 1908, the State Government may appoint persons as Registrars for registration districts and as Sub-Registrars for sub-districts. Section 7 provides for the establishment of their offices. These officers perform statutory functions connected with registration of documents under that Act.

When did the BNSS come into force?

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. By a Central Government notification dated 23 February 2024, the Sanhita was brought into force from 1 July 2024, subject to the exception stated in that notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Practical effect of Section 386

In practice, a Registrar or Sub-Registrar does not acquire the status contemplated by Section 386 merely because of the office held. The statutory condition is the State Government's direction. Where that condition is satisfied, the officer is deemed to be a Civil Court for the limited operation of Sections 384 and 385.

Important: The deeming provision is purpose-specific. It should not be read as conferring the general jurisdiction, powers or status of a Civil Court for matters outside Sections 384 and 385 BNSS.

Official legal resources

Related BNSS provisions

Readers may also refer to Section 384 - Procedure in certain cases of contempt and Section 385 - Procedure where Court considers that case should not be dealt with under Section 384.