CrPC Section 347: When Registrar/Sub-Registrar Deemed a Civil Court
This section of the Code of Criminal Procedure (CrPC) deals with the circumstances under which a Registrar or Sub-Registrar can be considered a Civil Court for certain legal proceedings.
1. Code:
CrPC Section 347
2. Explanation:
Section 347 states that in cases relating to:
- Registration of documents under the Registration Act, 1908
- Enforcement of any order made by a Registrar or Sub-Registrar under the Registration Act, 1908
The Registrar or Sub-Registrar shall be deemed to be a Civil Court. This means they have the power to:
- Issue summons
- Receive evidence
- Pass orders
In such cases, the powers and procedures applicable to Civil Courts under the Code of Civil Procedure, 1908, will be followed.
3. Illustration:
If someone disputes the registration of a document, they can approach the Registrar or Sub-Registrar to resolve the issue. The Registrar/Sub-Registrar will then act as a Civil Court, hearing evidence and passing an order. If someone fails to comply with the order, the Registrar/Sub-Registrar can use the powers granted to them under the Code of Civil Procedure to enforce the order.
4. Common Questions and Answers:
Q: What is the purpose of Section 347?
A: To ensure that disputes relating to registration of documents and enforcement of orders under the Registration Act are dealt with efficiently and effectively. It also provides a clear legal framework for the Registrar/Sub-Registrar to exercise their powers.
Q: What powers does the Registrar/Sub-Registrar have under Section 347?
A: They have the powers of a Civil Court, including the power to issue summons, receive evidence, and pass orders.
Q: What procedures are followed by the Registrar/Sub-Registrar under Section 347?
A: The procedures outlined in the Code of Civil Procedure, 1908, are followed.
Q: Can a person appeal against an order passed by the Registrar/Sub-Registrar under Section 347?
A: Yes, the person can appeal against the order to the appropriate appellate court as per the provisions of the Registration Act, 1908, and the Code of Civil Procedure, 1908.
