BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886
(1) This Act may be called the Births, Deaths and Marriages Registration Act, 1886; and
(2) It shall come into force on such day1as the Central Government by notification in the Official Gazette directs.
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1. Came into force on 1st October, 1888, See Gazette of India, 1888, Pt. I, p. 336.
2. Sub-section (3) rep. by Act 12 of 1891, sec. 2and Sch.
ThisAct extends2 to the whole ofIndia except 3 the territorieswhich immediately before the 1st November, 1956, were comprisedin Part B States].]
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1. Subs. by theA.O. 1950, for the former section.
2. It has beendeclared in force in the Santhal Parganas by sec. 3 of the Santhal ParganasSettlement Regulation, 1872 (III of 1872). It has also been partially extendedto Berar by the Berar Laws Act1941 (4 of 1941).
3. Subs. by theA.O. (No. 2), 1956, for "Part B States".
In this Act, unless there is something repugnant in the subject or context, --
"sign" includes mark, when the person making the mark is unable to write his name;
"prescribed" means prescribed by a rule made1[ ** * * *] under this Act; and
"Registrar of Births and Deaths" means a Registrar of Births and Deaths appointed under this Act.
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1. The words "by the G.G. in C." rep. by the A.O. 1937.
Nothing in this Act, or in any rule made under this Act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas.
All powers conferred by this Act may be exercised from time to time as occasion requires.
(1) Each State Government --
(a) shall establish a general registry office for keeping such certified copies of registers of births and deaths registered under this Act, or marriages registered under Act III of 18721(to provide a form of marriage in certain cases) or the Indian Christian Marriage Act, 1872 ( 15 of 1872), or, beyond the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Bombay, under the Parsi Marriage and Divorce Act, 1865 (15 of 1865)2, as may be sent to it under this Act, or under any of the three last-mentioned Acts, as amended by this Act; and
(b) may appoint to the charge of that office an officer, to be called the Registrar General of Births, Deaths and Marriages, for the territories under its administration:
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Each Registrar General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act or under Act III of 1872, or the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and Divorce Act, 1865 (15 of 1865), as amended by this Act, to be made and kept in his office in the prescribed form.
Subject to the payment of the prescribed fees the indexes so made shall be at all reasonable time open to inspection by any person applying to inspect them, and copies of entries in the certified copies of the registers to which the indexes relate shall be given to all persons applying for them.
A copy of an entry given under the last foregoing section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer authorized in this behalf by the State Government and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates.
Each Registrar General of Births, Deaths andMarriages shall exercise a general superintendence over the Registrars of Births and Deaths in the territories for which he isappointed.
A.--Application of this Chapter
(1) The persons whose births and deaths shall, in the first instance, be registrable under this Chapter are the following, namely:--
(a) in1[the territories to which this Act extends] the members of every race, sect or tribe to which the Indian Succession Act,
1865 (10 of 1865)2 applies, and in respect of which an order under section 332 of that Act is not for the time being in force, and all persons professing the Christian religion;
3[***]
(2) But the State Government by notification in the Official Gazette, may 4[***] extend the operation of this Chapter to any other class of persons either generally or in any local area.
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The State Government may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be Registrars of Births and Deaths for such local areas within the territories under its administration as it may define and, if it sees fit, for any class of persons within any part of those territories.
[Repealed by the A.O. 1950.]
Section 13 of the Births, Deaths and Marriages Registration Act, 1886, historically addressed the power conferred upon the Central Government to appoint Registrars for Indian States. However, this section has since been repealed, reflecting legislative changes and the evolution of the registration framework [Source: ""].
Originally, Section 13 authorized the Central Government to appoint Registrars for Indian States, facilitating the registration process across different regions. The section was aimed at centralizing and standardizing registration authority at the national level [Source: ""].
The scope was limited to the appointment of Registrars in Indian States, thus extending the registration system beyond British provinces to princely states. Its scope was primarily administrative, aimed at ensuring registration coverage in diverse territories [Source: ""].
Since Section 13 was repealed, it no longer prescribes any punishments. Historically, non-compliance with registration requirements could attract penalties under other sections of the Act or related laws, but specific punishments for Section 13 are now obsolete [Source: ""].
Note: Since Section 13 has been repealed, its current legal impact is null, and the focus has shifted to modern registration statutes such as the Births, Deaths and Marriages Registration Act, 1886 (as amended), and subsequent legislation.
Every Registrar of Births and Deaths shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
[Rep. by the A.O. 1937.]
(1) Every Registrar of Births and Deaths shall have an office in the local area, or within the part of the territories or dominions for which he is appointed.
(2) Every Registrar of Births and Deaths to whom the State Government may direct this sub-section to apply shall attend at his office for the purpose of registering births and deaths on such days and at such hours as the Registrar General of Births, Deaths and Marriages may direct, and shall cause to be placed in some conspicuous place on or near the outer door of his office his name, with the addition of Registrar of Births and Deaths for the local area or class for which he is appointed, and the days and hours of his attendance.
(1) When any Registrar of Births and Deaths to whom the State Government may direct this section to apply1not being a Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay is absent, or when his office is temporarily vacant, any person whom the Registrar General of Births, Deaths and Marriages appoints in this behalf, or, in default of such appointment the Judge of the District Court within the local limits of whose jurisdiction the Registrar's office is situate, or such other officer as the State Government appoints in this behalf, shall be the Registrar of Births and Deaths during such absence or until the State Government fills the vacancy.
(2) When any such Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay is absent, or when his office is temporarily vacant, any person whom the Registrar General of Birt
The State Government shall every Registrar of Births and Deaths with a sufficient number of register books of births and of register books of deaths, and shall make suitable provision for the preservation of the records connected with the registration of births and deaths.
Every Registrar of Births and Deaths of notice of a birth or death within the local area or among the class for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorized by this Act to give the notice, forthwith make an entry of the birth or death in the proper register book:
Provided that--
(a) if he has reason to believe the notice to be in any respect false, he may refuse to register the birth or death until he receives an order from the Judge of the District Court directing him to make the entry and prescribing the manner in which the entry is to be made; and
(b) he shall not enter in the register the name of any person as father of an illegitimate child, unless at the request of the mother and of the person acknowledg
Any of the following persons may give notice of a birth, namely:--
(a) the father or mother of the child;
(b) any person present at the birth;
(c) any person occupying, at the time of the birth, any part of the house wherein the child was born and having knowledge of the child having been born in the house;
(d) any medical practitioner in attendance after the birlh and having personal knowledge of birth occurred;
(e) any person having charge of the child.
Any of the following persons may give notice of a death, namely:--
(a) any relative of the deceased having knowledge of any of the particulars required to be registered concerning the death;
(b) any person present at the death;
(c) any person occupying, at the time of the death, any part of the house wherein the death occurred and having knowledge of the deceased having died in the house;
(d) any person in attendance during the last illness of the deceased:
(e) any person who has seen the body of the deceased after death.
(1) When an entry of a birth or death has been made by the Registrar of Births and Deaths under section 19, the person giving notice of the birth or death must sign the entry in the register in the presence of the Registrar:
1Provided that it shall not be necessary for the person giving notice to attend before the Registrar or to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction of the Registrar such evidence of his identity as may be required by any rules made by the State Government in this behalf.]
(2) Until the entry has been so signed, [or the conditions specified in t.he proviso to sub-section (1) have been complied with) the birth or death shall not be deemed to be registered under this Act.
(3) When the birth of an illegitimate
The Registrar of Births and Deaths shall, on application made at the time of registering any birth or death by the person giving notice of the birth or death, and on payment by him of the prescribed fee, give to the applicant a certificate in the prescribed form signed by the Registrar, of having registered the birth or death.
Section 23 of the Births, Deaths and Marriages Registration Act, 1886 (hereafter referred to as "the 1886 Act") deals with the issuance of certificates of birth or death upon application, serving as official proof of such events. This section has historically played a crucial role in establishing legal proof of identity, age, and status, and has been relied upon in various legal and administrative proceedings.
Section 23 mandates that upon application made at the time of registering a birth or death, the Registrar of Births and Deaths shall provide an official certificate confirming the registration. This certificate functions as the legal document evidencing the occurrence of birth or death.
Authenticity of Certificates - Certificates issued under Section 23 are considered official and carry presumptive value as per Section 35A of the 1886 Act and Section 114 of the Evidence Act, 1872, provided they are issued following proper procedures. [Source: ""]
Procedural Compliance - The issuance of certificates requires strict adherence to the procedure, including application at the time of registration and verification by the Registrar. Non-compliance or issuance without proper application may render certificates invalid or inadmissible. [Source: ""]
Admissibility in Court - Certificates issued under Section 23 are prima facie evidence of the registration of birth or death, but their evidentiary value can be challenged if procedural requirements are not met or if the certificate is found to be fraudulent. [Source: ""]
Power of Registrar - The Registrar has the authority to issue, correct, or cancel certificates based on verified information, and such corrections are to be recorded in the margins without altering the original entries, as per Section 28 of the 1886 Act and Rule 11 of the Gujarat Registration Rules, 2004. [Source: ""]
Correction and Cancellation - Errors or fraudulent entries can be rectified or canceled by the Registrar after proper verification, including correction of errors in form or substance, which broadens the scope of rectification beyond clerical mistakes. [Source: ""]
Power to Correct Errors in Entries - The scope of "erroneous in form or substance" is wide, including errors of fact, typographical mistakes, or fraudulent entries, and the Registrar's power is not limited to clerical errors alone. This is supported by judicial precedents including the decisions in Mulla Faizal @ Fazilabanu Suleman Ibrahim vs. State of Gujarat. [Source: ""]
Role of Court in Disputes - Courts can examine the genuineness and correctness of entries in the register, but only within the scope of evidence and procedural law. They cannot usurp the Registrar's power but can direct the Registrar to exercise their powers properly. [Source: ""]
Limitations on Evidence - Certificates issued without compliance of mandatory provisions, such as signatures or proper application, may lack presumptive value and cannot be relied upon as conclusive proof. For example, certificates lacking signatures or issued without following formalities are not admissible under Section 35A or Section 114 of Evidence Act. [Source: ""]
Retrospective Application of the 1969 Act - The 1969 Act is not generally retrospective; however, Section 29 clarifies that it does not derogate from the 1886 Act, and corrections to entries made prior to the enforcement of the 1969 Act may still be permissible if procedure is followed. [Source: ""]
Power of Magistrate under Section 13(3) - For delayed registration beyond one year, the registration can only be effected on an order by a Magistrate after verifying the correctness of the birth or death, emphasizing judicial oversight in late entries. [Source: ""]
Validity of Certificates - Certificates issued without following mandatory procedures, such as proper signing, verification, or application, may not have legal sanctity and are subject to challenge or rejection in courts. [Source: ""]
Reliance on Official Records - Official entries in the register, when properly maintained and verified, are presumed to be correct and carry evidentiary weight, but this presumption can be rebutted with proof of irregularities or procedural lapses. [Source: ""]
Power to Rectify Entries - The Registrar’s power under Section 28 and Rule 11 includes rectifying errors in form and substance, which encompasses errors of fact, typographical mistakes, or fraudulent entries, provided proper verification is conducted. [Source: ""]
Impact of Non-Compliance - Certificates issued without compliance with procedural requirements (such as signatures, signatures of informant, or proper application) may be deemed invalid or have limited evidentiary value, as held in cases like Gangadhar s/o Gonduram Tadme. [Source: ""]
Legal Effect of Erroneous Entries - Erroneous entries, especially those not verified or corrected following due process, cannot be relied upon as conclusive proof and may be challenged in civil or criminal proceedings. [Source: ""]
Role of Circulars and Guidelines - Circulars issued by the Ministry of External Affairs or Registrar General provide procedural guidance for correction and rectification but do not override statutory provisions or procedural safeguards. [Source: ""]
Power of Court to Direct Corrections - Courts can direct authorities to exercise their powers under the relevant statutes to correct or cancel entries, especially when authorities have failed to act or have acted arbitrarily, as affirmed in various judgments. [Source: ""]
Relevance of Evidence of Identity - Evidence such as signatures, affidavits, or independent documents must meet procedural standards to be accepted as proof of correctness of birth or death entries. Certificates lacking such verification are not conclusive. [Source: ""]
Legal Presumption and Burden of Proof - The presumption of correctness of entries under the register can be rebutted by proof of irregularities, procedural violations, or fraud, emphasizing the importance of proper verification before reliance. [Source: ""]
Legal Significance of Certificate Issuance - The issuance of a certificate under Section 23, if following due process, creates a legal presumption of the event's occurrence, but this presumption is rebuttable based on evidence of procedural lapses or irregularities. [Source: ""]
Implication of Non-Registration or Improper Registration - Without proper registration, or if the registration is obtained fraudulently or irregularly, the certificate's legal value diminishes, and it cannot be conclusively relied upon. [Source: ""]
Power of Registrar to Correct or Cancel Entries - The Registrar’s powers under Sections 28 and 29, and Rules 11 and 12, are wide, including correction, cancellation, or endorsement of errors, provided procedural safeguards are followed. [Source: ""]
Judicial Review of Registrar’s Action - Courts have the authority to review the Registrar's exercise of power, especially when the authority acts beyond its jurisdiction, fails to follow procedure, or refuses to exercise powers, as established in case law. [Source: ""]
Summary:Section 23 of the 1886 Act forms the backbone of official proof of birth and death, with the certificates issued being admissible evidence if procedural requirements are met. The Registrar’s powers to correct, cancel, or endorse errors are broad, but they must be exercised following due verification and in accordance with statutory procedures. Certificates issued without proper compliance, signatures, or application lack conclusive evidentiary value and can be challenged in courts. Judicial precedents reinforce the importance of procedural safeguards, proper verification, and the limited scope of courts in reviewing Registrar’s actions, emphasizing that the integrity of official records is fundamental to their evidentiary weight.
(1) Every Registrar of Birth and Deaths in 1 the territories to which this Act extends] shall send to the Registrar General of Birth, Deaths and Marriages for the territories within which the local area or class for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified by him, in the prescribed form, of all the entries of births and deaths in the register book kept by him since the last of those intervals:
Provided that in the case Registrars of Births and Deaths who are clergymen of the Churches of England, Rome and Scotland the Registrar may, if so directed by his ecclesiastical superior, send the certified copies in the first instance to that superior, who shall send them to the proper Registrar General of Births, Deaths and Marriages.
In this sub-section "Church of England" and "Church of Sco
(1) Every Registrar of Births and Deaths shall, on payment of the prescribed fees, at all reasonable times, allow searches to be made in the register books kept by him, and give a copy of any entry in the same.
(2) Every copy of an entry in a register book given under this section shall be certified by the Registrar of Births and Deaths, and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.
Notwithstanding anything in section 19, the1State Government] may make2rules] authorizing Registrars of Births and Deaths, on conditions and in circumstances to be specified in the rules, to register births and deaths occurring outside the local areas or classes for which they are appointed.
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1. Substitution by Act 9 of 1911, sec. 3 for "G.G. in C".
2. For rules made under section 26 conjointly with sections 28 and 36, see Gazette of India, 1888, Pt. I, p. 336, and different local Rules and Orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by the State Governments, see section 6 of Act 9 of 1911.
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D.--Penalty for False Information
If any person wilfully makes, or" causes to be made, for the purpose of being inserted in any register of births or deaths, any false statement in connection with any notice of a birth or death under this Act, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
E.--Correction of Errors
(1) If it is proved to the satisfaction of a Registrar of Births and Deaths that any entry of a birth or death in any register kept by himunder this Act is erroneous in form or substance, he may, subject to such1rules] as may be made by the2State Government] with respect to the conditions and circumstances on and in which errors may be corrected, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction.
(2) If a certified copy of the entry has already been sent to the Registrar General of Births, Deaths and Marriages, the Registrar of Births and Deaths shall make and send a separate certified copy of the original erroneous entry and of the marginal correction therein made.
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[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sell.]
[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sell.]
[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sell.]
If any person in1[the territories to which this Act extends] has for the time being the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons of the classes referred to in section 11,subsection (1), or, of any register or record of marriage of any persons of the classes to which Act III of 18722or the Indian Christian Marriage Act, 1872(15of 1872) or the Parsi Marriage and Divorce Act, 1865 (15 of 1865)3applies, and if such register or record has been made otherwise than in performance of a duly specially enjoined by the law of the country in which the register or record was kept, he may,4[at any time before the first day April, 1891,] send the register or record to the office of the Registrar General or Births, Deaths and Marriages for the territories within which he resides,5[***]
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1[(1)Any State Government in the case of registers or records sent under section 32 to the Registrar General for the territories under its administration, 2[***] may appoint so many persons as it 3[***] thinks fit to be Commissioner for examining such registers or records.]
(2) The Commissioners so appointed shall hold office for such period as the 4[authority appointing them], by the order of appointment, or any subsequent order, directs.
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1. Substituted by Act 38 of 1920, sec. 2 and Sch. 1, for the original sub-section (1).
2. Certain words rep. by the A.O. 1950.
3. The words "or he, as the case may be", rep. by the A.O. 1937.
4.
(1) The Commissioners appointed under the last foregoing section shall enquire into the state, custody and authenticity of every such register or record as may be sent to the Registrar General of Births, Deaths and Marriages under section 32;
and shall deliver to the Registrar General a descriptive list or descriptive lists of all such registers or records, or portions of registers or records, as they find to be accurate and faithful.
(2) The list or lists shall contain the prescribed particulars and refer to the registers or records, or to the portions of the registers or records, in me prescribed manner.
(3) The Commissioners, shall also certify in writing, upon some part of every separate book or volume containing any such register or record, or portion of a register or record, as is referr
(1) Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or portions of registers or records, delivered by the Commissioners to the Registrar General of Births, Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to inspect it or them, and copies of entries in those registers or records shall be given to all persons applying for them.
(2) A copy of an entry given under this section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer or person authorized in this behalf by the State Government and shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death, burial or marriage to which the entry relates.
(1)2[***] The State Government3[may by notification in the Official Gazette] appoint more Commissions4than one for the purposes of section 33, each such Commission consisting of so many and such members, and having its functions restricted to the disposal, under this Act and the rules there under, of such registers and records sent under section 32 to the Registrar General, as may be specified in the notification.
(2) If more Commissions than one are appointed in exercise of the power conferred by sub-section (1), then references in this Act to the Commissioners shall be construed as references to the members constituting a Commission so appoint ed.]
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1. Section 35A was added by the Births, Death and Marriages Registration Act, (1886) Amendment Act, 1890 (16 of 1890), se
2[(l) The State Government, for each State3[***] may make rules to carry out the purpose of this Act.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may--
(a) fix the fees payable under this Act;
(b) prescribe the forms required for the purposes of this Act;
(c) prescribe the time within which, and the mode in which, persons authorized under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice;
(d) prescribe the evidence of identity to be furnished to a Registrar of Birth and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with;
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[Rep., by the Births, Deaths and Marriages Registration (Amendment) Act, 1911 (9 of 1911) sec. 5.]
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