Bombay HC: Delayed Birth Registration Beyond One Year Can Only Be Ordered By Judicial Magistrate First Class, not executive magistrate

Therefore, in the considered opinion of this Court, the Rules of 1999 framed in exercise of powers conferred under section 30 of Act of 1969 cannot go beyond what is prescribed in the statute itself. {Para 47}

48. Therefore, the inclusion of Executive Magistrate in Rule 9 of Rules of 1999 needs to be struck down/read down to the extent that delayed registration of births and deaths can only be verified before the Judicial Magistrate of First Class of the concerned jurisdiction and Executive Magistrate shall not be allowed to exercise the jurisdiction in respect of delayed registration of births and deaths as per section 13(3) of Act of 1969. Accordingly, exercising the inherent and extraordinary powers so vested, we strike down the authority given to Executive Magistrate as per Rule 9 of Rules of 1999 and confines the jurisdiction to a Judicial Magistrate First class in State of Madhya Pradesh.

IN THE HIGH COURT OF BOMBAY AT GOA

Writ Petition No. 408/2024

Decided On: 03.07.2026

Savio Jose Xavier Viegas Vs. Mariano Godinho and Ors.

Hon'ble Judges/Coram:

Valmiki Sa Menezes, J.

Citation: MANU/MH/5173/2026

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Highlights of The Registration of Births and Deaths (Amendment) Act, 2023

 The Registration of Births and Deaths Act, 1969 provides for the regulation and registration of births and deaths.  The registration of births and deaths falls under the Concurrent List, giving powers to both Parliament and state legislatures to make laws on the subject.[1]  As of 2019, the national level of registration of births was 93% and death registration was at 92%.[2]   The Law Commission (2018) recommended the inclusion of marriage registration in the Registration of Births and Deaths Act, 1969.[3] 

The Registration of Births and Deaths (Amendment) Bill, 2023 seeks to amend the 1969 Act.  It was introduced in Lok Sabha on July 26, 2023.  

Key Features of the Bill

• Database of births and deaths: The Act provides for the appointment of a Registrar-General, India who may issue general directions for registration of births and deaths.  The Bill adds that the Registrar General will maintain a national database of registered births and deaths.  The Chief Registrars (appointed by states) and Registrars (appointed by states for local area jurisdiction) will be obligated to share data of registered births and deaths to the national database.  The Chief Registrar shall maintain a similar database at the state level.

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Whether registrar of birth can correct the applicant's surname and date of birth in his birth certificate?

The petitioner is facing

problem for getting Green Card from the USA Authorities because of the discrepancies in the date of birth and surname appearing in the said register and the other records pointed out above.

7) Rule 11(1) of the said Rules is reproduced below :

“11(1) If it is reported to the Registrar that a clerical

or formal error has been made in the register or if such

error is otherwise noticed by him and if the register is in

the possession, the Registrar shall enquire into the matter

and he is satisfied that any such error has been made, he

shall correct the error (by correcting or cancelling the

entry) as provided in Section 15 and shall send an extract

of the entry showing the error and how it has been

corrected will be communicated to the Deputy Chief

Registrar of Births and Deaths, Maharashtra State, Pune.”

After going through it, we find that the clerical or formal error made in the

register can be corrected by the competent Authority upon the satisfaction

that such error is genuinely occurred. There is no time limit prescribed for making such corrections.

8) In paragraph 6 of the affidavit, the stand taken by respondent

nos.2 and 3 is as under :

“6. It is submitted that the petitioner made an

application 27.02.2020 after obtaining the Birth

Certificate 30.12.2019. It is submitted that on the basis

of application and the record available with the

Corporation, the application of the petitioner was

decided on 24.03.2020. It is submitted that while

deciding the application it is mentioned that correction

in the date of birth cannot be made, however correction

in the surname can be made. It is submitted that the

answering respondent on its own would correct the

typing mistake as regards to the surname of the

petitioner. It is submitted that the date of birth cannot

be changed being a relevant fact as per Section 35 of

the Evidence Act.”

In view of the aforesaid stand taken, we do not find any difficulty in carrying

out the correction in the surname of the petitioner in the said register. So far

as correction in the date of birth is concerned, it is an obvious mistake in

entering the date of birth as 23/1/1954, particularly when the petitioner was

born at 1.30 a.m. in the intervening night of 23/1/1954 and 24/1/1954.

Such obvious mistake, in our view, can be corrected.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

WRIT PETITION STAMP No.9805 OF 2020

Smt. Archana w/o. Prakash Tamhane, Vs The State of Maharashtra,

Coram : R.K. Deshpande And

Pushpa V. Ganediwala, JJ.

Date : 28 th October, 2020 .

ORAL JUDGMENT : (Per : R.K. Deshpande, J.)

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What procedure Magistrate should follow if the son is seeking the death certificate of his father belatedly?

 Neither the Act nor the Rules provide for the procedure for conducting the proceedings when an application is made under this provision. It is true that an entry in the register of births or death is not conclusive evidence of the disputed date of birth or death so also an entry pursuant to the directions of the Magistrate under Section 13(3). The order of the Magistrate binds only the Registrar and not others. (See H. Subba Rao v. The Life Insurance Corporation of India, Bangalore & Another -MANU/KA/0037/1976 : AIR 1976 KAR 231).

12. An order passed under this provision consequent to the suppression of material facts may visit with serious civil consequences. Let us take the present case for instance. According to the petitioners, Devaiah had died in the year 1979 and that before his death, he had executed several sale deeds. The petitioners are claiming title to the properties under those sale deeds. The death certificate has been issued pursuant to the order of the Magistrate dated 29.3.2012. It is no doubt true that a contention can be raised by the petitioners in the suit that the death certificate is a fabricated one. But if an appropriate procedure is followed by the Magistrate, the mischief it may cause can be prevented to a large extent. The language contained in Section 13(3) mandates the Magistrate to pass an order after verification of date of death. Verification involves determination or testing the truth or the accuracy of the statements made in the petition. Therefore, the Magistrate cannot blindly direct entry of date of death as sought for in the petition.

13. In the case of issuance of probate or letters of administration, a procedure has been provided under the Rules governing Probate and Succession matters, 1966. Similar Rules have to be framed under the Act. Till such Rules are framed, it is necessary to give certain directions which have to be followed by the Magistrates before whom applications are filed for registration of date of death.

14. In a case relating to date of birth, the High Court of Gujarat in Karimabibi W/o Gulam Mohammad Mustufa Karodiawad and Others v. Ankleshwar Municipality and Others-MANU/GJ/0142/1997 : AIR 1998 Guj. 42 has issued the following directions.

Admittedly, the application filed by the respondent Nos. 2 and 3 was under sub-section (3) of Section 13 of the said Act. If the above provision of sub-section (3) of Section 13 are considered, then it would be quite clear that it is the duty of the learned Judicial Magistrate to verify the correctness of the date of birth before allowing the application filed before him. When the law expects that he has to verify correctness of the birth, it is expected from him that he must hear the persons who would be interested in disputing or supporting the said application. No doubt the said Act of 1969 does not lay down any procedure as to how and in what manner the application is to be presented by the petitioner to the learned Judicial Magistrate. Not only that, the said Act of 1969 is not making any provision for the proceeding for filing such an application, but no procedure is also laid down by any rules framed under the said Act or by any other specific provisions of any Act. Therefore, in these circumstances, when any application is presented under Section 13 of the said Act after a period of 1 year from the date of birth or date of death, it would be incumbent on the applicant to state the reasons/grounds in his application as to why the earlier entry in the death or birth register could not be made and why he could not give the information regarding the same to the competent authority. He must justify his late action in filing such an application by making necessary averments in his petition. It is also further necessary for him to state the purpose of which he wants the entry in the birth register or the death register. He must also state in the said application as who are likely to be affected by the said entry in the birth register or death register....

It has been further held as under:

10. When all the above stated details are given in the application, it is also incumbent on the Magistrate to issue notice to those persons who are likely to be affected by his order. He should also insist on issuing a proclamation as is required while issuing a succession certificate. Without following the above stated procedure, the Magistrate should not proceed to dispose of such an application because the granting of such relief is going to create a right in favour of the applicant and obligation against certain persons. When the obligations are created against such persons, they must have a reasonable opportunity to challenge the said act of the petitioner.

15. A Division Bench of Orissa High Court in Sk. Rahimuddin v. Ojifa Bibi and Others - MANU/OR/0016/1989 : AIR 1989 Ori. 56 has held as under:

Section 13(3) casts an onerous duty on the Magistrate to verify the correctness of the birth or death and thereafter, pass an order. There cannot be any manner of doubt that an entry with regard to the date of birth of a person confers a valuable right and when such an entry was not contemporaneously made for some reason or the other and can be made only after a Magistrate passes an order after verifying the correctness of the same, the Magistrate must make an inquiry in that respect. Without any inquiry worth the name, and passing an order mechanically on the basis of affidavit filed, would tantamount to passing an order on total non-application of mind and in the eye of law, it would not be a verification as contemplated under Section 13(3). Such an order cannot be sustained in law.

16. Therefore, the applicant has to state atleast the following particulars in the application filed under Section 13(3) of the Act for entering the date of death:

(i) The reasons/grounds as to why entry in the death register could not be made earlier and why he could not give information regarding the same to the competent authority.

(ii) The purpose for which he wants entry in the death register.

(iii) Wife and children of the deceased have to be made parties in the application as also the Jurisdictional Registrar of Births and Deaths.

(iv) The particulars of the person/persons, who are likely to be affected by the entry in the death register.

(v) The Magistrate can also direct the applicant to furnish such other particulars as he may deem fit and proper in the circumstances of the case.

17. If the application contains the above particulars, the Magistrate should not only issue notice to the respondents but also to those persons who are likely to be affected by the order. He should also direct the issue of notice in two local daily newspapers, one of them should be in vernacular language, having wide circulation. The Magistrate may also issue such other directions as he may deem fit and proper depending upon the facts of the case. He should hold an enquiry and pass appropriate orders thereon in accordance with law. If there is a serious dispute with regard to the date of death, the Magistrate has to dismiss the petition with liberty to the parties to approach the Civil Court for appropriate reliefs.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Writ Petition Nos. 50331 to 50334/2012 (GM-RES)

Decided On: 26.06.2013

 Muniyamma and Ors.  Vs Devegowda and Ors.

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Whether Magistrate can issue direction for registration of death under The Registration of Births and Deaths Act?

The object of the Registration of Births and Deaths Act, 1969, is to give legal status to the registration of births and deaths by judicial machinery. A legal duty is cast upon the persons specified in Section 8 to give information to the Registrar of such Births and Deaths. Section 13 lays down the procedure for delayed registration of births and deaths. In case of non-registration within one year of the occurrence of birth or death, the registration could take place under Section 13(3) only on an order made by the Magistrate after verifying the correctness of the birth or death. Section 13(3) of the Act reads as under:

13. Delayed registration of births and deaths:

(1) xxxx

(2) xxxx

(3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee.

(4) xxxx

9. Thus, Section 13(3) authorises the Magistrate to pass an order on an application after verification of the correctness of the birth and death.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Writ Petition Nos. 50331 to 50334/2012 (GM-RES)

Decided On: 26.06.2013

 Muniyamma and Ors.  Vs Devegowda and Ors.

Hon'ble Judges/Coram:

S. Abdul Nazeer, J.

Citation:  MANU/KA/2256/2013

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Whether it is necessary to incorporate name of adopted parents in birth certificate in place of biological parents in case of adoption of child?

From the above provisions of law it is clear that, the adopted child severes all the ties in the family of his birth and they are replaced by those created by the adoptive family.  Section 16 creates a presumption in favour of adoption, where the adoption is by a registered document.  The rules framed under the Central Adoption Resource Agency [CARA] etc. will not apply to adoptions between biological parents and adoptive parents covered by Hindu Adoptions and Maintenance Act, 1946.  Those rules relate only to institutional adoptions.  Therefore, the adoptive parents should not be made to run from pillar to post for effecting change of initials of the adopted child.  That apart, the name of the biological parents in the Births and Deaths Register  should not be changed, just because the child has been given in adoption. The petitioner can issue a private notification in the Gazette about the change of initials for the adopted child and that would suffice. The school authorities and passport authorities have to follow 

the mandates of Section 12 of Hindu Adoptions and Maintenance Act and the name of the parents in their records should be that of the adoptive parents
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.14956 of 2015

K.Ranganathan             

Vs


The Commissioner
Erode City Municipal Corporation
Citation:AIR 2016 Madras 105

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Whether name of step father can be entered in birth certificate in place of biological father?

Thus, from the above, it transpires that even if there is a divorce between biological parents of the petitioner, in the presence of the biological father, the step-father of the petitioner cannot give the petitioner in adoption with his biological mother. Even under Section 8 of the Hindu Succession Act, 1956, the step-son is neither Class-I nor Class-II heir.

Thus, from the aforesaid discussion, it transpires that correction in the Birth Certificate in the Register of Births and Deaths of the adoptive parents can be made if it is proved to the satisfaction of the Registrar, that too in accordance with the other terms and conditions mentioned in Section 15 of the Act but the entry of a step-father, replacing the name of the biological father in the Birth Certificate maintained under the Act, cannot be made.

Punjab-Haryana High Court

Baljit Kumar vs State Of Punjab & Ors on 4 May, 2016

CWP No.3560 of 2016 (O&M)

Citation:2016(5) ALLMR(JOURNAL)59
                                  

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

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Whether there is limitation for correction of date of birth as per registration of birth and deaths Act?

In Bailochan Karan v. Basant Kumari Naik, (1999)2 SCC 310,
the Hon’ble Supreme Court followed the judgment in Darshan Singh’s
case (supra) to hold as under:-
“6. In the present case the maximum period of
limitation available to the appellant was only three years
from the date of his attaining majority, in other words,
cessation of the disability. This position has been
considered by this Court in Darshan Singh & Ors. v.
Gurdev Singh, (1994) 6 SCC 585. It is clearly laid down
that Section 8 is a proviso to Sections 6 or 7. A
combined effect of Sections 6 and 8 read with third
column of the appropriate article would be that a person
under disability may sue after cessation of disability
within the same period as would otherwise be allowed
from the time specified therefore in the third column of
the schedule. But such extended period would not be
beyond three years from the date of the cessation of the
disability. Consequently the right to file a suit of the
appellant got expired at the end of three years from the
date of his attaining majority, whether it was 1963 or
1966. In this case it is unnecessary for us to consider
whether the appellant attained majority in 1966 on
completion of 21 years or in 1963 on completion of 18
years as it is not relevant for the purposes of this case.
The plaintiffs, therefore, perfected their title by virtue of
Section 27 of the Limitation Act.”
[45] The right to seek actual date of birth has to be exercised within
three years of attaining the majority on the basis of the birth
certificate issued by the Registrar of Births and Deaths. But, after
expiry of period of three years from the cessation of disability, no 
person can rely upon the birth certificate. He is bound by the date
given in the matriculation certificate. Therefore, in any case, the right
of a person to seek actual date of birth on the basis of entry in the
birth certificate by the Registrar of Births and Deaths is three years
after attaining the majority on the basis of date of birth in the said
certificate.
[46] We do hope that the schools within the jurisdiction of this Court
insist upon birth certificate issued from the Registrar of Births and
Deaths at the time of admission to the schools so that such date of
birth is correctly reflected in the matriculation certificate. If it is not
being followed, all schools, Government, Public and/or Private, shall
not grant admission to the child unless he produces his birth
certificate from the Registrar, Births & Deaths. Thus, the date of birth
in the school record leading to matriculation certificate would be in
sync with the date of birth from the records of the Registrar of Births
& Deaths.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
 Date of Decision: May 21, 2015
(1) LPA No. 1613 of 2014 (O&M)

 Ambika Kaul V Central Board of Secondary Education and others 


CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA
 HON’BLE MRS. JUSTICE LISA GILL

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Whether there is limitation for correction for date of birth in birth certificate issued by Registrar of Births and Deaths?

The right to seek actual date of birth has to be exercised within
three years of attaining the majority on the basis of the birth
certificate issued by the Registrar of Births and Deaths. But, after
expiry of period of three years from the cessation of disability, no

person can rely upon the birth certificate. He is bound by the date
given in the matriculation certificate. Therefore, in any case, the right
of a person to seek actual date of birth on the basis of entry in the
birth certificate by the Registrar of Births and Deaths is three years
after attaining the majority on the basis of date of birth in the said
certificate.


IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: May 21, 2015

LPA No. 1613 of 2014 (O&M)
Ambika Kaul

Versus
Central Board of Secondary Education and others

CORAM:
HON’BLE MR. JUSTICE HEMANT GUPTA
HON’BLE MRS. JUSTICE LISA GILL
Dated;May 21, 2015

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