Birth and death law: Two routes for delayed registrations
From 1 October 2026, births and deaths reported after one year but within two years need an executive authority's order; those reported after two years need a first-class Judicial Magistrate's order.
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The Ministry of Home Affairs fixed 1 October 2026 as the commencement date for the Registration of Births and Deaths (Amendment) Act, 2026, through a notification issued in New Delhi on 16 September 2026. The amendment separates delayed registrations into two routes: cases reported after one year but within two years require an executive authority’s order, while those reported after two years require an order from a Judicial Magistrate of the first class.[1][2]
The change concerns permission to register a birth or death reported late, not a new requirement for every certificate holder. Section 2 of the amendment replaces Section 13(3) of the Registration of Births and Deaths Act, 1969, and adds Section 13(3A), creating a separate judicial route for the longer delays.[2]
Two years becomes the dividing line
Under the substituted Section 13(3), information given to the Registrar after one year but within two years of the event requires an order from a District Magistrate, Sub-Divisional Magistrate or an Executive Magistrate authorised by the District Magistrate. The authority must have jurisdiction over the area where the birth or death occurred, verify its correctness and require payment of the prescribed fee.[2]
For information given after two years, the new Section 13(3A) assigns that decision to a Judicial Magistrate of the first class with jurisdiction over the place of occurrence. Verification and payment of a prescribed fee remain requirements in this category too.[2]
The distinction is between the authority approving registration: the district’s executive authorities handle the first category, while a judicial authority handles the second. Neither provision makes delayed registration automatic. Both require an order following verification before the event can be registered.[2]
The statutory wording measures the delay from the occurrence of the birth or death to the giving of information to the Registrar. It does not describe a deadline for obtaining another copy of a certificate for an event already registered.[2]
What changes from the earlier provision
The 2023 amendment had placed registrations reported after one year under the District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate, without a separate two-year threshold. The 2026 amendment limits that route to information given after one year but within two years and transfers the longer-delay category to a Judicial Magistrate of the first class.[3][2]
The comparison below draws on the 2023 and 2026 amendment texts.[3][2]
| Time when information is given | Position under the 2023 amendment | Effect of the 2026 amendment |
|---|---|---|
| After 30 days but within one year | Written permission of the District Registrar or other prescribed authority, with the prescribed fee and self-attested document | No change to this provision |
| After one year but within two years | Order of a District Magistrate, Sub-Divisional Magistrate or authorised Executive Magistrate | These authorities remain responsible, with an express two-year limit |
| After two years | Order of a District Magistrate, Sub-Divisional Magistrate or authorised Executive Magistrate | Order of a Judicial Magistrate of the first class required |
The 2026 text also updates the definition of Executive Magistrate by referring to appointment under Section 14(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The earlier provision referred to Section 20(1) of the Code of Criminal Procedure, 1973. This identifies the statutory basis for the officer’s appointment; the separate requirement for District Magistrate authorisation remains in the delayed-registration provision.[3][4]
The notification activates the amendment
The amendment was published in the Gazette dated 6 August 2026 as Act No. 12 of 2026. Its commencement clause left the effective date to a subsequent Central Government notification.[2]
The Home Ministry exercised that power through S.O. 5081(E), dated 16 September 2026. Signed by Registrar General of India and Census Commissioner Mritunjay Kumar Narayan, the notification appointed 1 October 2026 for the Act’s provisions to come into force. Publication of the amendment and commencement were therefore separate steps; the notification did not itself set out the registration procedures.[1][2]
The government’s stated purpose was to make delayed-registration provisions more stringent and encourage timely reporting. In the Bill’s Statement of Objects and Reasons, dated 24 July 2026 and signed by Home Minister Amit Shah, the government said the proposal followed consultations with states, Union territories and other stakeholders. That is the government’s rationale, rather than evidence that the change has already improved reporting.[4]
Certificate requirements are a separate issue
The delayed-registration amendment should not be confused with provisions introduced in 2023 on the use of birth certificates. That earlier amendment inserted Section 17(3), specifying use of the certificate to prove date and place of birth for people born on or after its commencement, for purposes including educational admission, passports and specified public-sector appointments. The 2026 Act does not amend that section.[3][2]
A separate passport rule illustrates the distinction. The Ministry of External Affairs’ notification G.S.R. 156(E), dated 24 February 2025 and published on 28 February 2025, specified a birth certificate as date-of-birth proof for people born on or after 1 October 2023. For those born before that date, it listed alternatives, including qualifying school certificates and other documents bearing the applicant’s date of birth. That is a passport-document rule, not the new procedure for registering an unrecorded event.[5]
Fees and pending applications
The 2026 amendment requires payment of a fee as prescribed but does not state an amount. The Bill’s memorandum on delegated legislation identifies state rule-making under Section 30 as the mechanism for procedural detail. The commencement notification itself contains no fee schedule or list of supporting documents.[2][4][1]
Neither the amendment nor the commencement notification expressly explains how applications already pending on 1 October 2026 are to be handled. In particular, these documents do not specify whether a pending application involving a delay of more than two years must be transferred from an executive authority to a judicial authority.[2][1]
References
- Ministry of Home Affairs, Office of the Registrar General of India. Notification S.O. 5081(E). 16 September 2026.
- Ministry of Law and Justice, Legislative Department. The Registration of Births and Deaths (Amendment) Act, 2026, No. 12 of 2026. 6 August 2026.
- Ministry of Law and Justice, Legislative Department. The Registration of Births and Deaths (Amendment) Act, 2023, No. 20 of 2023. 11 August 2023.
- Lok Sabha, text reproduced by PRS Legislative Research. The Registration of Births and Deaths (Amendment) Bill, 2026, as introduced, including the Statement of Objects and Reasons and annexure.
- Ministry of External Affairs. Passports (Amendment) Rules, 2025, notification G.S.R. 156(E). 28 February 2025.
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