New Bill Tightens Rules for Delayed Birth and Death Registration, Requires Magistrate Order After Two Years
The central government is set to introduce a bill in the Lok Sabha that will make delayed registration of births and deaths more stringent. The Registration of Births and Deaths (Amendment) Bill, 2026, proposes that any birth or death reported to the registrar after two years of its occurrence will be registered only on the order of a judicial magistrate of the first class.
According to the statement of objects and reasons of the bill, the proposed changes are based on consultations with state and union territory governments and other stakeholders. The government aims to encourage timely reporting of births and deaths by making the process for delayed registration stricter.
The bill emphasizes that registration of births and deaths is mandatory under the existing Act. A birth or death certificate issued after registration provides legal identity to an individual and is admissible as evidence to prove a person's birth or death. Additionally, the birth certificate is a key document for determining citizenship status and is accepted during the special intensive revision of electoral rolls as proof of citizenship.
The proposed amendment adds sub-section 3A to Section 13 of the Act. This requires that any birth or death intimated to the registrar after two years of its occurrence must be registered only after a first-class judicial magistrate verifies the correctness of the event and orders registration. The applicant will also have to pay a prescribed fee.
Currently, under Section 13(3), delayed information shared after one year but within two years of the occurrence can be registered only on the order of a district magistrate, sub-divisional magistrate, or an executive magistrate authorized by the district magistrate. The new provision makes the requirement more stringent for delays beyond two years.
The rules to implement the new provision, including the determination of the fee for delayed registration, may be framed by state governments, which are empowered to do so under Section 30 of the Act.