Section 38 of The Registration Act, 1908 — Persons exempt from appearance at registration-office
Bare section text
Official Legislative Text
- (1)(a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or
- (b)a person in jail under civil or criminal process, or
- (c)person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear.
- (2)In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.
Educational Study Layer
Summary
- Specific groups of people are legally excused from having to physically go to a registration office.
- People who are sick or injured and cannot travel without risk or serious trouble are exempt.
- Individuals currently held in jail under civil or criminal legal processes are not required to appear at the office.
- People who are already exempt by law from appearing in a court of law are also exempt from appearing for registration.
- For these exempt people, the registering officer must personally visit them at their home or jail.
- Alternatively, the officer can issue a commission, which is a formal order for someone else to examine the person.
Practical examples
FAQ
1. Who is exempt from going to the registration office under Section 38 of The Registration Act, 1908?
People with bodily infirmity, those in jail, and those exempt by law from court appearance are exempt under Section 38 of The Registration Act, 1908.
2. How does the officer register a document for a sick person under Section 38 of The Registration Act, 1908?
The officer will either visit the person's house or issue a commission to examine them there as per Section 38 of The Registration Act, 1908.
3. Can the officer refuse to visit a prisoner under Section 38 of The Registration Act, 1908?
No, Section 38 of The Registration Act, 1908, states the officer shall either go to the jail or issue a commission to examine the person.
4. What does bodily infirmity mean in Section 38 of The Registration Act, 1908?
It refers to physical conditions or sickness that make it risky or very difficult for a person to travel to the office as noted in Section 38 of The Registration Act, 1908.
Practice Quiz
Q1.Under Section 38 of The Registration Act, 1908, which of the following is NOT a ground for exemption from appearance?
Q2.What is the officer's duty if a person is exempt under Section 38 of The Registration Act, 1908?
Q3.Who determines if a sickness is a risk under Section 38 of The Registration Act, 1908?
Q4.Does Section 38 of The Registration Act, 1908, apply to people summoned under Section 36?