Section 347 CrPC: When Registrar or Sub-Registrar Is Deemed a Civil Court
Section 347 of the Code of Criminal Procedure, 1973 provided a limited legal status to Registrars and Sub-Registrars when the State Government issued the necessary direction. The corresponding provision under the current criminal procedure law is Section 386 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What did Section 347 CrPC provide?
The heading of Section 347 CrPC was "When Registrar or Sub-Registrar to be deemed a Civil Court." Its statutory text was:
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 345 and 346.
The earlier printed provision contained an editorial footnote recording that the word "Indian" was omitted by Act 56 of 1974, section 3 and the Second Schedule, with effect from 20 December 1974. The operative reference is to the Registration Act, 1908.
Section 386 BNSS: Current corresponding provision
Section 386 BNSS is titled "When Registrar or Sub-Registrar to be deemed a Civil Court." It provides:
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 core rule remains the same. The cross-references have changed from Sections 345 and 346 CrPC to Sections 384 and 385 BNSS.
Meaning and scope of the provision
1. State Government direction is essential
The deeming status is not automatically conferred on every registration officer. It arises when the relevant State Government directs that a Registrar or Sub-Registrar appointed under the Registration Act, 1908 is to be treated as a Civil Court for the specified purposes. Whether a particular officer is covered depends on the applicable direction.
2. Who is a Registrar or Sub-Registrar?
A Registrar or Sub-Registrar is an officer appointed under the Registration Act, 1908 to carry out statutory functions concerning the registration of documents. Section 386 BNSS concerns officers holding those statutory appointments.
3. What does "deemed to be a Civil Court" mean?
A legal deeming provision requires an authority to be treated as having a specified status for a limited statutory purpose. Here, the status is confined to the procedures in Sections 384 and 385 BNSS. It does not convert a registration office into a Civil Court for every dispute or confer general civil jurisdiction.
4. Which proceedings are covered?
Section 384 BNSS deals with summary procedure in certain cases of contempt committed in the view or presence of a Court. Section 385 BNSS provides for forwarding a case to a competent Magistrate where the Court considers that it should not be dealt with under Section 384. The statutory conditions and safeguards of those sections remain relevant.
Practical application
If conduct during proceedings before a covered Registrar or Sub-Registrar potentially attracts the provisions relating to certain offences affecting the administration of justice, the first question is whether a valid State Government direction applies. Only then can the limited statutory fiction under Section 386 BNSS be considered. The facts, applicable offence, procedural requirements and jurisdiction of the Magistrate must be examined separately.
The provision does not by itself create an unrestricted power to punish anyone who disagrees with a registration decision or challenges an officer's conduct.
Does Section 347 CrPC still matter?
Although the BNSS replaced the CrPC from 1 July 2024, Section 347 CrPC remains important for interpreting earlier proceedings and legal materials. Section 531 BNSS contains repeal and saving provisions, including rules concerning proceedings pending immediately before commencement. The relevant dates and procedural posture determine which law governs a particular matter.
Official legislation and references
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 384, 385, 386 and 531).
- Official BNSS, 2023 text (PDF).
- India Code official legislative database (Code of Criminal Procedure, 1973 and Registration Act, 1908).
- Bureau of Police Research and Development: New Criminal Laws.
Frequently asked questions
Which BNSS section replaces Section 347 CrPC?
Section 386 BNSS is the corresponding provision concerning Registrars and Sub-Registrars deemed to be Civil Courts.
Is every Sub-Registrar automatically treated as a Civil Court?
No. A State Government direction is required, and the statutory status applies only for the specified purposes.
Can a Sub-Registrar exercise all powers of a Civil Court?
No. Section 386 BNSS creates a limited deeming status for the purposes of Sections 384 and 385 BNSS, not general civil jurisdiction.