When Registrar or Sub-Registrar to be deemed a Civil Court
Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 384 and 385. The Act came into force on 01 Jul 2024.
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.
Section 386, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 347 When Registrar or Sub-Registrar to be deemed a Civil Court Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Om Parkash Bali vs State Th. I/c Crime Branch
Decided under Code of Criminal Procedure 347, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cross-criminal cases involving the same subject matter, both cases can proceed simultaneously before the same court. The pendency of one case does not prevent framing of charges or proceeding in the other case. An accused cannot rely on Section 476 CrPC or Section 195 CrPC to prevent prosecution for forgery merely because the same cheque has been tendered as evidence in a parallel complaint filed by the accused. Trial courts must not order calling of record of cases without stating reasons and legal provisions, as such orders suffer from non-application of mind and can be quashed by the High Court.
On this section: Power of Magistrate to commit non-exclusively triable cases to Court of Session. Court noted this provision can be used to meet the eventuality of cross-cases where one is exclusively triable by Sessions Court and the other is not.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 386
What have the courts held on Section 386 of the Bharatiya Nagarik Suraksha Sanhita?
Om Parkash Bali vs State Th. I/c Crime Branch (16 Mar 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 347, which this section replaced -- the court never mentioned this Act: Power of Magistrate to commit non-exclusively triable cases to Court of Session. Court noted this provision can be used to meet the eventuality of cross-cases where one is exclusively triable by Sessions Court and the other is not.
How do I find court cases under Section 386 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 386, section 386 BNSS, section 386 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 386 section. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Om Parkash Bali vs State Th. I/c Crime Branch (16 Mar 2018).
What should I read with Section 386 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 384 (Procedure in certain cases of contempt), section 385 (Procedure where Court considers that case should not be dealt with under section 384), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 347 (When Registrar or Sub-Registrar to be deemed a Civil Court), so the judgments decided under that provision are the case law on this one.
When did Section 386 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 386 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 386, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.