Govt Proposes Tougher Rules for Delayed Birth, Death Registration; Judicial Magistrate's Order Needed after 2 Years

Moneylife Digital Team 28 July 2026

Public Interest

The Union government has proposed tightening the process for delayed registration of births and deaths by requiring approval from a first-class judicial magistrate for registrations made more than two years after the event, according to the Registration of Births and Deaths (Amendment) Bill, 2026.

The proposed legislation, circulated among members of Parliament (MPs) and expected to be tabled soon, seeks to amend the Registration of Births and Deaths Act, 1969, to make delayed registration more stringent and encourage timely reporting of births and deaths.

Under the proposed amendment, delayed registrations will be subject to a stricter approval mechanism based on the length of the delay.

For births or deaths reported after one year but within two years of their occurrence, registration will be permitted only on an order issued by a district magistrate, sub-divisional magistrate, or an executive magistrate authorised by the district magistrate and having jurisdiction over the area.

However, where the delay exceeds two years, registration can be carried out only after obtaining an order from a first-class judicial magistrate.

In both cases, the designated authority will be required to verify the correctness of the birth or death before issuing the order. The Bill also provides that a prescribed fee will be charged for delayed registration.

At present, delayed registration of births and deaths beyond one year requires approval from a district magistrate, sub-divisional magistrate or an executive magistrate.

The proposed amendment introduces an additional level of judicial scrutiny for registrations delayed by more than two years by transferring the approval authority from the executive to the judiciary.

According to the statement of objects and reasons accompanying the Bill, registration of births and deaths is mandatory under the Registration of Births and Deaths Act, 1969.

The government said that birth and death certificates issued under the Act provide legal identity and are admissible as evidence of a person's birth or death.

The statement noted that, although the Act underwent significant amendments in 2023, there was a need to further strengthen provisions relating to delayed registration.

"The provisions relating to delayed registration are proposed to be made more stringent. This will encourage timely reporting of events of birth and death," the statement said.

The proposed amendment places greater emphasis on verification before delayed registrations are approved.

Whether the delay is between one and two years or exceeds two years, the competent authority must satisfy itself regarding the authenticity and correctness of the birth or death before directing the registrar to record the event.

If passed by Parliament, the Registration of Births and Deaths (Amendment) Bill, 2026 will introduce a more rigorous framework for delayed registrations by mandating executive approval for delays of up to two years and judicial approval for registrations sought after more than two years, alongside mandatory verification and payment of a prescribed fee.

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