Registration of Births and Deaths (Amendment) Act takes effect; tightens norms for delayed registration

From now onwards, as the amended Act has come into force, any birth or death of which delayed information is given to the Registrar after one year but within two years of its occurrence, shall be registered only on an order made by a District Magistrate or Sub-Divisional Magistrate or by an Executive Magistrate authorised by the District Magistrate, having jurisdiction over the area where the birth or death has taken place, after verifying the correctness of the birth or death and on payment of such fee as may be prescribed.

Besides, any birth or death of which delayed information is given to the Registrar after two years of its occurrence, shall be registered only on an order made by a Judicial Magistrate of the first class, having jurisdiction over the area where the birth or death has taken place, after verifying the correctness of the birth or death and on payment of such fee as may be prescribed.

The amendment substitutes sub-section (3) of Section 13 of the Registration of Births and Deaths Act and inserts a new sub-section (3A).

Office of the Registrar General of India under the Ministry of Home Affairs, by exercising the powers conferred by sub-section (2) of section 1 of the Registration of Births and Deaths (Amendment) Act, 2026 (12 of 2026), had issued a gazette notification on September 16 and fixed the 1st day of October 2026 as the date on which the provisions of the Act shall come into force.

A amended Bill was passed by the Rajya Sabha on August 4, 2026 amid ruckus while the Lok Sabha had cleared it on July 31, 2026 without any major debate. The Bill proposes to amend sub-section (3) of Section 13 of the present Act to make provisions of delayed registration more stringent.

Union Home Minister Amit Shah then made a statement of object and reasons behind the proposed Bill and had pointed out that the Registration of Births and Deaths Act, 1969 (18 of 1969) was enacted to provide for regulation of registration of births and deaths and for matters connected therewith.

He then focussed on the necessity of the registration of births and deaths under the Act, mentioning that the certificate issued under the Act provides legal identity to an individual.

"A certificate of birth or death is admissible in evidence for the purpose of proving the birth or death of a person. The Registration of Births and Deaths Act, 1969 was amended in 2023 and the provisions of the amended Act came into force with effect from October 1, 2023. Based on the consultations held with the state governments and Union Territories and other stakeholders, it is proposed to amend sub-section (3) of section 13 of the Act in form of a Bill, namely the Registration of Births and Deaths (Amendment) Bill, 2026 in order to make provisions of delayed registration more stringent," Shah had said, noting "this will encourage timely reporting of event of birth and death."

Further, the Minister then said, the Registration of Births and Deaths (Amendment) Bill, 2026 provides for any birth or death of which delayed information is given to the Registrar after one year but within two years of its occurrence, shall be registered only on an order made by a District Magistrate or Sub-Divisional Magistrate or by an Executive Magistrate authorised by the District Magistrate, after verifying the correctness of the birth or death; as well as any birth or death of which delayed information is given to the Registrar after two years of its occurrence, shall be registered only on an order made by a Judicial Magistrate of the first class, after verifying the correctness of the birth or death. (ANI)