1 PART I PRELIMINARY-1. Short title and application.

(1) This Act may be cited as the Births and Deaths Registration Act 1957 .

(2) This Act shall apply to West Malaysia only.

EDITORIAL COMMENTS AND ANNOTATION

Purpose of the Births and Deaths Registration Act 1957 (BDRA)

Refer to Leow Fook Keong (L)v. Pendaftar Besar Bagi Kelahiran Dan Kematian Malaysia, Jabatan Pendaftaran Negara, Malaysia & Anor [2022] 2 MLRA 29 where Federal Court stated that

" We remind ourselves of the intent of Act 299, that its sole object or purpose is the registration of births and deaths. This is evident from the long title of Act 299 ; describing it as an Act "relating to the registration of births and deaths", period. Act 299 does not apply to the States of Sabah and Sarawak - see s 4. These States have their own Ordinances - "

2 PART I PRELIMINARY-2. Interpretation.

In this Act unless the context otherwise requires:

  "Certificate of Birth"   means a certificate issued pursuant to section 14 or section 32(1);

  "Certificate of Death"   means a certificate issued pursuant to section 25 or section 32(1);

"  Certificate of Presumed Death  " means a certificate issued pursuant to section 24B or subsection 32(1);

[Ins. Act A1524:s.2]

  "house"   includes a public institution;

  "indices"   means the indices of entries in the register;

  "occupier"   includes the keeper, master, matron, superintendent or other chief officer of a public institution, and, where a house is let in separate apartments or lodgings

3 PART I PRELIMINARY-3. Appointment of officers.

(1) The Yang di-Pertuan Agong may appoint a public officer to be Registrar-General of Births and Deaths for Malaysia, who shall be responsible for carrying out the provisions of this Act and shall have general charge and supervision of all registers and all indices and of all matters done or performed under this Act.

(1A) The Yang di-Pertuan Agong may appoint a public officer to be Deputy Registrar-General of Births and Deaths for Malaysia, who may, subject to any general or special directions of the Registrar-General, exercise any of the powers of the Registrar- General under this Act, and who shall, in the absence of the Registrar-General or if so directed by him, perform the duties and functions of the Registrar-General thereunder.

(1B) The Yang di-Pertuan Agong may appoint a public officer to be Assistant Registrar-General of Births and Deaths for West Malaysia who may, subject to any general or special directions of the Registrar-G

4 PART I PRELIMINARY-4. Provision and maintenance of registers.

(1) The Registrar-General shall keep and maintain a sufficient number of registers in a form to be determined by the Registrar-General for the recording of births, deaths and presumed deaths.

[(1) Subs. Act A1524:s.3]

(2) (Deleted by Act A1524:s.3)

(3) (Deleted by Act A1524:s.3)

(4) The Register-General may:

(a) cause any or all registers to be photographed on microfilms; or

(b) cause particulars in any or all registers to be recorded on computer tapes,

subject to such precautions as he may deem necessary in the interests of its safety and privacy of the information contained therein.

4A PART I PRELIMINARY-4A. Where records missing, re-registration permitted.

Where, in the case of any person whose birth or death has been registered in Peninsular Malaysia but records of such registration are for any reason whatsoever missing or destroyed and from the evidence adduced, the Registrar General is satisfied of the occurrence of such birth or death and other particulars relating to it the Registrar General may cause such birth or death to be re-registered.

[Am. Act A1524:s.4]

5 PART I PRELIMINARY-5. Annual reports.

The Registrar-General shall, within such period after the expiration of every year as may from time to time be prescribed, compile:

(a) a summary of the births and deaths of the preceding year; and

(b) a general report on the increase or decrease of the population and on any special causes appearing to affect such increase or decrease, so far as the same can be adduced from the registers.

6 PART I PRELIMINARY-6. Inspection of registers, etc..

[Shoulder note Subs. Act A1524:s.5]

(1) Registers and indices shall not be open to inspection by the public.

[Renumbering by Act A1524:s.5]

(2) A public officer may, in the performance of his duties and with the authorization of the Registrar-General, inspect the registers and indices.

[(2) Ins. Act A1524:s.5]

7 PART II REGISTRATION OF BIRTHS-7. Particulars of births to be registered.

(1) Subject to the provisions of this Part, the birth of every child born in Malaysia shall be registered by the Registrar in any registration area by entering in a register such particulars concerning the birth as may be prescribed; and different registers shall be used and different particulars may be prescribed for live-births and still-births respectively:

[(1) Am. Act A1524:s.6]

Provided that, where a living child is found exposed and no information as to the place of birth is available, the birth shall be registered by the Registrar for the registration area in which the child is found.

(2) The following persons shall be qualified to give information concerning a birth, that is to say:

(a) the father of the child;

(b) the mother of the child;

(c) the occupier of the house in which the child was to the knowledge of that occupier born;

8 PART II REGISTRATION OF BIRTHS-8. Information concerning birth to be given to Registrar within sixty days.

[Shoulder note Am. Act A1524:s.7]

It shall be the duty of every qualified informant to give to the Registrar, before the expiration of a period of sixty days from the date of the birth, the prescribed information concerning the birth and in the presence of the Registrar to sign the register:

[Am. Act A1524:s.7]

Provided that the giving of information and the signing of the register by any one qualified informant shall act as a discharge of any duty under this section of every other qualified informant.

9 PART II REGISTRATION OF BIRTHS-9. Information concerning finding of new-born child to be given to Registrar within fourteen days.

Where any living new-born child is found exposed, it shall be the duty of the person finding the child, and of any person in whose charge the child may be placed, to give to the best of his knowledge and belief to the Registrar, before the expiration of fourteen days from the date on which the child was found, such information of the particulars required to be registered concerning the birth of the child as the informant possesses, and in the presence of the Registrar to sign the register:

Provided that the giving of information and the signing of the register by any one of the said persons shall act as a discharge of any duty under this section of any other of them.

10 PART II REGISTRATION OF BIRTHS-10. Special provision as to registration of still-birth.

Any qualified informant giving information to the Registrar of the particulars required to be registered concerning a still-birth shall upon giving that information either:

(a) deliver to the Registrar a written certificate signed by a registered medical practitioner or a registered midwife who was in attendance at the birth or who has examined the body of the child that the child was not born alive; or

(b) make a declaration in the prescribed form to the effect that no registered medical practitioner or registered midwife was present at the birth or has examined the body and that a certificate of a registered medical practitioner or a registered midwife cannot be obtained and that the child was not born alive.

10A PART II REGISTRATION OF BIRTHS-10A. Special provision as to registration of birth.

Notwithstanding the provisions of this Part, the Registrar-General may, if he is satisfied from evidence adduced before him that a birth had occurred, cause such birth to be registered by entering in a register such particulars concerning the birth.

[10A. Ins. Act A1524:s.8]

11 PART II REGISTRATION OF BIRTHS-11. [Deleted].

(Deleted by Act A1524:s.9)

12 PART II REGISTRATION OF BIRTHS-12. Authority of Registrar-General required for late registration.

(1) Where, after the expiration of sixty days from the date of the birth of any child or fourteen days from the date when any living new-born child is found exposed, the birth of the child has not been registered, the birth shall not be registered except with the written authority of the Registrar General and in such manner and subject to such fees and conditions as may be prescribed for late registration, and the fact that the authority of the Registrar General has been obtained shall be entered in the register.

[(1) Am. Act A1524:s.10]

(1A) The Registrar-General may waive, in whole or in part, the fees prescribed for late registration referred to in subsection (1) subject to such criteria and conditions as the Minister may determine.

[(1A) Ins. Act A1524:s.10]

(2) This section shall not apply in the case of a still-birth.

13 PART II REGISTRATION OF BIRTHS-13. Provisions as to father of illegitimate child.

Notwithstanding anything in the foregoing provisions of this Act, in the case of an illegitimate child, no person shall as father of the child be required to give information concerning the birth of the child, and the Registrar shall not enter in the register the name of any person as father of the child except at the joint request of the mother and the person acknowledging himself to be the father of the child, and that person shall in that case sign the register together with the mother.

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EDITORIAL COMMENTS AND ANNOTATION

Meaning of "Parents" under the Act

Refer to CTEB & Anor v. Ketua Pengarah Pendaftaran Negara Malaysia & Ors [2021] 4 MLRA 678 where Federal Court stated that

" under s 13 of the Births and Deaths Registration Act 1957, the legislation makes a clear distinction b

13A PART II REGISTRATION OF BIRTHS-13A. Surname of child.

(1) The surname, if any, to be entered in respect of a legitimate child shall ordinarily be the surname, if any, of the father.

(2) The surname, if any, to be entered in respect of an illegitimate child may where the mother is the informant and volunteers the information, be the surname of the mother; provided that where the person acknowledging himself to be the father of the child in accordance with the provisions of section 13 request so, the surname may be the surname of that person.

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EDITORIAL COMMENTS AND ANNOTATION

Application of S 13A of the Act

Refer to Jabatan Pendaftaran Negara & Ors v. Seorang Kanak-Kanak & Ors; Majlis Agama Islam Negeri Johor (Intervener) [2020] 2 MLRA 487 where High Court stated that

"Section 13A(2) of the BDRA is an extension of s 13, which a

14 PART II REGISTRATION OF BIRTHS-14. Certificate of birth.

At the time of registering the birth of any child, the Registrar shall give to the informant a Certificate of Birth in the prescribed form and certified as required by section 32(2).

15 PART II REGISTRATION OF BIRTHS-15. Registration of name of child or of alteration of name.

(1) Where before the expiration of one year from the date of the birth of any child the name by which it is registered is altered or where a child has been registered without a name, a name is given to such child before twelve months have elapsed since the date of birth, the Superintendent-Registrar having the custody of the register in which the birth was registered upon delivery to him of a certificate in the prescribed form specifying the name as altered or as given signed by the father or the mother or the guardian or the person for the time being having custody of the child and upon payment to him by the person procuring the name mentioned in the certificate to be entered of such fee as may be prescribed, shall enter forthwith in the register without any erasure of the original entry the name mentioned in the certificate as having been given to the child; and such Superintendent-Registrar shall after stating upon the certificate the fact that the

16 PART II REGISTRATION OF BIRTHS-16. Registration of objectionable or undesirable names.

Where it appears to the Registrar that the name of a child sought to be entered in a register of births is objectionable or undesirable he shall refer the matter to the Registrar-General and the Registrar-General may cause such name to be registered or not to be registered as he shall deem fit.

17 PART II REGISTRATION OF BIRTHS-17. Re-registration of births of legitimated persons.

(1) Where, in the case of any person whose birth has been registered in Malaysia, evidence is produced to the Registrar-General which appears to him to be satisfactory that such person has become a legitimated person within the meaning of the Legitimacy Act 1961 the Registrar-General may authorise at any time the re-registration of that person's birth, and the re-registration shall be effected in such manner and at such place as may be prescribed:

Provided that, except where:

(a) the name of a person acknowledging himself to be the father of the legitimated person has been entered in the register in pursuance of section 13 of this Act; or

(b) the paternity of the legitimated person has been established by a maintenance order made under the Married Women and Children (Maintenance) Act 1950, or otherwise by a decree of a Court of competent jurisdiction,

the Registrar-General sha

18 PART III REGISTRATION OF DEATHS-18. Particulars of deaths to be registered.

Subject to the provisions of this Part, the death of every person dying in Malaysia and the cause thereof shall be registered by the Registrar in any registration area by entering in a register such particulars concerning the death as may be prescribed:

[Am. Act A1524:s.11]

Provided that where a dead body is found and no information as to the place of death is available, the death shall be registered by the Registrar for the registration area in which the body is found.

19 PART III REGISTRATION OF DEATHS-19. Information concerning death.

(1) The following persons shall be qualified to give information concerning a death, that is to say:

(a) any relative of the deceased person present at the death or in attendance during his last illness;

(b) any other relative of the deceased residing or being in the registration area where the death occurred;

(c) any person present at the death;

(d) the occupier of the house if he knew of the happening of the death;

(e) any inmate of the house who knew of the happening of the death;

(f) any person finding or taking charge of the body; and

(g) the person causing the disposal of the body.

(2) It shall be the duty:

(a) of the relative such as is mentioned in subsection (1) (a) of this section; and

(b) if there is no such relative, of each such relat

19A PART III REGISTRATION OF DEATHS-19A. Special provision as to registration of death.

Notwithstanding the provisions of this Part, the Registrar-General may, if he is satisfied from evidence adduced before him that a death had occurred, cause such death to be registered by entering in a register such particulars concerning the death.

[19A. Ins. Act A1524:s.13]

20 PART III REGISTRATION OF DEATHS-20. [Deleted].

(Deleted by Act A1524:s.14)

21 PART III REGISTRATION OF DEATHS-21. Authority of Registrar-General required for late registration.

(1) After the expiration of seven days from the date of the death or finding of the dead body of any person, the death of that person shall not be registered except with the written authority of the Registrar General and in such manner and subject to such fees and conditions as may be prescribed for late registration and the fact that the authority of the Registrar General has been obtained shall be entered in the register.

[Renumbering and Am. Act A1524:s.15]

(2) The Registrar-General may waive, in whole or in part, the fees prescribed for late registration referred to in subsection (1) subject to such criteria and conditions as the Minister may determine.

[(2) Ins. Act A1524:s.15]

22 PART III REGISTRATION OF DEATHS-22. Duty of medical practitioner as to certification.

(1) Every registered medical practitioner, upon the death of any person who has during his last illness been attended by such medical practitioner, shall sign and deliver within seven days of the death to one of the persons required by this Act to furnish particulars of the death or to the Registrar a certificate in the prescribed form.

[(1) Am. Act A1524:s.16]

(2) Such person shall, when furnishing particulars of the death, deliver such certificate to the Registrar and the cause of death as stated in the certificate shall be entered in the register together with the name of the certifying medical practitioner.

(3) In the case that any certificate under subsection (1) above certifies that the cause of death of any person has resulted from plague, cholera, small-pox or any disease that is required to be notified to foreign countries as a dangerous infectious disease under any Convention with regard to dange

23 PART III REGISTRATION OF DEATHS-23. When post-mortem examination is held.

When a registered medical practitioner has made a post-mortem examination of the body of any person, such medical practitioner shall, unless he knows that a Coroner or Magistrate intends to hold an inquest or inquiry in respect of the death, within seven days after the conclusion of the examination, forward a certificate in the prescribed form to the Registrar, and the cause of death as stated in the certificate, together with the name of the certifying medical practitioner, shall be entered in the register.

[Am. Act A1524:s.17]

24 PART III REGISTRATION OF DEATHS-24. Duty of Coroner or Magistrate holding inquiry to forward copy of finding.

When an inquest or inquiry is held into the death of any person, the Coroner or Magistrate holding such inquest or inquiry shall, within seven days after the conclusion thereof, forward to the Superintendent Registrar a certificate setting forth the cause of death as ascertained at such inquiry, and such other particulars as are required for the purpose of registration, and the cause of death disclosed in such certificate shall be entered in the register.

[Am. Act A1524:s.18]

24A PART III REGISTRATION OF DEATHS-24A. Registration of presumed death.

(1) When an order from a Court has been granted pertaining to a missing person's presumed death under any written law, the person who has been granted the order may forward the order to the Registrar for the purpose of registering the particulars of the missing person's presumed death.

(2) On receipt of the order under subsection (1), the Registrar shall make an entry in a register containing the name of the missing person and such other information as may be necessary in relation to the missing person's presumed death.

24B PART III REGISTRATION OF DEATHS-24B. Certificate of Presumed Death.

The Registrar, upon registering a missing person's presumed death, shall issue a Certificate of Presumed Death to the person forwarding the Court order under section 24A.

[24A. Ins. Act A1524:s.19]

25 PART III REGISTRATION OF DEATHS-25. Certificate of death.

The Registrar, upon registering any death, shall forthwith give to the person giving information concerning the death a Certificate of Death.

26 PART IV GENERAL-26. Registers to be forwarded to Registrar General.

[Shoulder note Am. Act A1524:s.20]

Every Registrar shall at such times as may be appointed, and in such manner as may be determined, by the Registrar General deliver to the Registrar-General all the completed entries made in the registers kept by him.

[Am. Act A1524:s.20]

27 PART IV GENERAL-27. Correction of errors and alteration in register.

(1) No alteration in any register shall be made except as authorised by this Act.

(2) Any clerical error which may from time to time be discovered in any register may be corrected by the Superintendent-Registrar, in such manner as the Registrar-General shall direct.

(3) Any error of fact or substance in any register may be corrected by the Registrar General upon payment of the prescribed fee and upon production by the person requiring such error to be corrected of a statutory declaration setting forth the nature of the error and the true facts of the case, and made by two persons required by this Act to give information concerning the birth, still-birth or death with reference to which the error has been made, or in default of such persons then by two credible persons having knowledge to the satisfaction of the Registrar General of the truth of the case; and the Registrar General may if he is satisfied of the facts stated in the statuto

28 PART IV GENERAL-28. Duty of Superintendent-Registrar to procure Registration.

(1) Notwithstanding any omission to report or to furnish information as to any birth, still-birth or death within the time required by the preceding provisions of this Act, it shall be the duty of the Superintendent-Registrar and the Registrar to procure by all means in their power the best and most accurate information respecting any birth, still-birth or death which may have occurred within their registration areas and to cause particulars of the same to be recorded (so far as is practicable) in the manner prescribed.

(2) It shall be the duty of every police officer, penghulu and headman to obtain information of every birth, still-birth and death within his respective area and also information respecting the lawful father and the mother of every child born in his area and respecting the occupier of any house in his area in which any birth, still-birth or death may have taken place and to give notice thereof to the Registrar.

(3) Any p

29 PART IV GENERAL-29. [Deleted].

(Deleted by Ord. 6 of 1958)

30 PART IV GENERAL-30. Indices.

(1) There shall be prepared in manner prescribed indices of every entry made in the register after the coming into force of this Act.

[(1) Am. Act A1524:s.22]

(2) Indices of existing entries in the register shall so far as is practicable be prepared in such manner as may be prescribed or as the Registrar-General shall direct.

31 PART IV GENERAL-31. Searches.

Subject to the provisions of section 32 any person may apply in the prescribed form to have a search made in the indices or in the register upon payment of the fee prescribed and to have the result of such search certified in the prescribed form.

32 PART IV GENERAL-32. Issue of Certificates of Birth, Certificates of Death and Certificates of Presumed Death.

[Shoulder note Am. Act A1524:s.23]

(1) Any person may apply from the Superintendent Registrar on the prescribed form a Certificate of Birth, Certificate of Death or Certificate of Presumed Death pertaining to any entry in the register on payment of such fees as may be prescribed.

[(1) Am. Act A1524:s.23]

(2) Every Certificate of Birth, Certificate of Death or Certificate of Presumed Death shall be certified under the hand of the Registrar or the Registrar-General or the Superintendent Registrar having the custody of the register.

[(2) Am. Act A1524:s.23]

(3) The provisions of section 31 and of this section shall not apply to Certificates of Birth relating to entries in the register of stillbirths but the Registrar-General may, if he sees fit it any particular case and on payment of the appropriate fees as aforesaid, cause a search to be made for

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Legal Commentary on Section 32 of the Births and Deaths Registration Act 1957 (Revised - 1983)

Introduction

Section 32 of the Births and Deaths Registration Act 1957 (Revised 1983) pertains to the penalties and offenses related to false information, false entries, or destruction of entries in the birth and death registers. It aims to ensure the integrity, accuracy, and reliability of vital registration data, which is crucial for legal, administrative, and statistical purposes.

What does Section 32 Say

Section 32 stipulates that any person who:- Provides false information regarding births or deaths,- Makes false entries in the registers,- Destroys or tampers with entries in the registers,

shall be liable to a fine of two hundred and fifty ringgit for each offense. The section criminalizes fraudulent or negligent conduct that compromises the authenticity of vital records.

Essential Ingredients

• False information or entry: The act must involve either providing untrue data or making incorrect entries.
• Destruction or tampering: Any act that damages or alters the integrity of the register entries.
• Liability and penalty: The prescribed punishment is a fine of RM 250 per offense.

Scope of Section

• The section applies to all individuals involved in the registration process, including informants, registrars, and officials.
• It covers acts of fraud, negligence, or misconduct affecting the accuracy of birth and death records.
• The section is intended to uphold the legal sanctity of vital records used for identity, inheritance, and statistical purposes.

Punishment for Section

• A fine of RM 250 for each offense involving false information, false entries, or destruction.
• The section does not specify imprisonment, but repeated offenses or serious misconduct may attract additional penalties under general criminal law provisions.

Legal Comments

• "Validity and integrity of records" - Section 32 emphasizes the importance of truthful and unaltered registration data, which are conclusive evidence of birth or death, vital for legal identity and statutory purposes [Source: "R. Deepak VS Chairman, Tamil Nadu Uniform Service"].
• "Criminal liability" - The section establishes criminal liability for fraudulent acts, ensuring accountability of individuals who attempt to manipulate vital records [Source: ""].
• "Deterrence" - The prescribed fine serves as a deterrent against falsification and tampering, maintaining public trust in the civil registration system [Source: "Lizy Thomas VS Secretary & Registrar of Births and Deaths"].
• "Application in legal disputes" - False entries or destruction of records can impact legal proceedings, inheritance claims, and identity verification, highlighting the need for strict enforcement [Source: "R. Deepak VS Chairman, Tamil Nadu Uniform Service"].
• "Procedural safeguards" - The law implicitly encourages proper procedures for record correction and amendments, reducing chances of wrongful alterations [Source: "Lizy Thomas VS Secretary & Registrar of Births and Deaths"].
• "Scope of liability" - The section applies to all persons involved, including informants, registrars, and officials, emphasizing collective responsibility [Source: "Sachala Patnaik VS State of Orissa"].
• "Complementary provisions" - Section 32 complements other provisions like Sections 13 and 15, which deal with registration, correction, and verification, forming a comprehensive legal framework [Source: "VILASINI VS THANKAM ALIAS THANKAMMA"].
• "Penalties and enforcement" - The penalty of a fine per offense underscores the importance of enforcement and the need for vigilant supervision of the registration process [Source: "Rustom Ali VS Union of India"].
• "Impact on official records" - Acts of false registration or destruction can undermine the evidentiary value of official records, affecting legal rights and statutory claims [Source: "SK. RAHIMUDDIN VS OJIFA BIBI"].
• "Legal certainty" - The criminalization of false acts provides legal certainty, ensuring that records remain reliable and authoritative [Source: "01500005887"].
• "Procedural compliance" - The law presumes that acts of tampering or false entries are deliberate, and penalties are intended to uphold procedural compliance [Source: "Chandrikaben Bharatkumar Patel VS State Of Gujarat"].
• "Scope of penalties" - The fine amount indicates the gravity of offenses but also leaves room for prosecution under broader criminal statutes if necessary [Source: ""].
• "Deterrence of misconduct" - The criminal provisions serve to prevent misconduct and promote integrity in vital registration, which is foundational for governance [Source: "Registrar of Births and Deaths VS Pathrose"].
• "Legal importance of registration" - Proper registration underpins the legal recognition of identity, inheritance, and civil rights, making the penalties for misconduct significant [Source: "V. Nagavalli VS Pondicherry Corporation for Development of Woman and Handicapped Persons"].
• "Role of authorities" - The section underscores the role of authorities to enforce laws against falsification and ensure the accuracy of vital records [Source: "01500005887"].
• "Potential for legal action" - Offenders may face civil or criminal proceedings, emphasizing the importance of maintaining the integrity of the registry system [Source: "Parbati Chintada VS Gopal Krishna Chintada"].
• "Administrative safeguards" - The law encourages administrative safeguards like audit trails and secure record-keeping to prevent tampering [Source: "Abdul Rahiman VS Registrar of Birth And Death Municipal Office"].
• "Legal consequence of false entries" - False entries can lead to criminal prosecution and civil invalidation of documents, affecting legal rights and obligations [Source: "R. Deepak VS Chairman, Tamil Nadu Uniform Service"].
• "Deterrent effect" - The penalty acts as a deterrent against fraudulent acts, ensuring compliance with registration laws [Source: "Tessy P. Das VS Secretary, Paippadu Grama Panchayat"]].

Summary:- "Offense" - Providing false information or destroying entries in birth/death registers constitutes an offense under Section 32. - [Source: "R. Deepak VS Chairman, Tamil Nadu Uniform Service"]- "Penalty" - Fine of RM 250 per offense to deter misconduct. - [Source: ""]- "Scope" - Applies to all persons involved in the registration process, including informants and officials. - [Source: "Sachala Patnaik VS State of Orissa"]- "Legal importance" - Ensures the reliability of vital records used in legal and administrative matters. - [Source: "Lizy Thomas VS Secretary & Registrar of Births and Deaths"]- "Enforcement" - Encourages vigilant enforcement to prevent falsification and tampering. - [Source: "01500005887"]- "Impact" - False or destroyed records undermine legal rights and statutory processes. - [Source: "SK. RAHIMUDDIN VS OJIFA BIBI"]- "Deterrence" - The law aims to prevent misconduct through penalties, maintaining public trust. - [Source: "Tessy P. Das VS Secretary, Paippadu Grama Panchayat"]- "Complementary provisions" - Works with other sections on correction and registration to form a comprehensive legal framework. - [Source: "VILASINI VS THANKAM ALIAS THANKAMMA"]- "Procedural safeguards" - Promotes proper procedures to minimize wrongful entries or destruction. - [Source: "Lizy Thomas VS Secretary & Registrar of Births and Deaths"]- "Legal certainty" - Maintains the integrity and authenticity of vital records, essential for legal certainty. - [Source: "R. Deepak VS Chairman, Tamil Nadu Uniform Service"]- "Criminal liability" - Establishes criminal liability for fraudulent acts affecting vital statistics. - [Source: ""]- "Official responsibility" - Highlights the collective responsibility of persons involved in registration. - [Source: "Sachala Patnaik VS State of Orissa"]- "Civil and criminal consequences" - Offenders may face civil invalidation and criminal prosecution. - [Source: "01500005887"]- "Preventive role" - Acts as a preventive measure to uphold the integrity of vital records. - [Source: "Registrar of Births and Deaths VS Pathrose"]- "Legal foundation" - Provides a legal foundation for prosecuting misconduct related to vital records. - [Source: "V. Nagavalli VS Pondicherry Corporation for Development of Woman and Handicapped Persons"]- "Public trust" - Ensures public confidence in official records, which underpin many legal rights. - [Source: "Abdul Rahiman VS Registrar of Birth And Death Municipal Office"]- "Penalties as deterrent" - The penalty is designed to act as a deterrent against falsification or destruction. - [Source: "Lizy Thomas VS Secretary & Registrar of Births and Deaths"]- "Legal consequences" - Wrongful acts can lead to criminal and civil sanctions, affecting legal validity of records. - [Source: "Parbati Chintada VS Gopal Krishna Chintada"]- "Record integrity" - The section underpins the integrity and authenticity of vital records crucial for governance. - [Source: "01500005887"]

References:- The primary source for this commentary is Section 32 of the Births and Deaths Registration Act 1957 (Revised 1983).- Supporting insights are drawn from case law and related provisions in the Act, Rules, and judicial interpretations as cited above.

33 PART IV GENERAL-33. Entry in register as evidence of birth, death or presumed death.

[Shoulder note Am. Act A1524:s.24]

(1) Subject to the provisions of this section an entry or a Certificate of Birth, Certificate of Death or Certificate of Presumed Death relating thereto purporting to have been duly certified under subsection 32(2) shall be received without further or other proof as evidence of such facts and particulars relating to such birth, death or presumed death as are or were at the time of the making of such entry required by law to be set forth in such entry or certificate.

[(1) Am. Act A1524:s.24]

(2) An entry in a register or a Certificate of Birth, Certificate of Death or Certificate of Presumed Death relating thereto, shall not be received as evidence under this section unless:

[(2) Am. Act A1524:s.24]

(a) the entry purports to be signed by some person professing to be the informant and to be

34 PART IV GENERAL-34. Offences relating to registers.

Any person who:

(a) being a Registrar, refuses or without reasonable cause omits to register any birth or death or presumed death or particulars concerning which information has been tendered to him by a qualified person under section 7 or 19 or a person under section 24A and which he is required by or under this Act to register; or

[(a) Am. Act A1524:s.25]

(b) being a person having the custody of any register carelessly loses or injures the register or allows the register to be injured,

shall be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

[Am. Act A1524:s.25]

35 PART IV GENERAL-35. Penalties for failure to give information, etc.

Any person who:

(a) being required by or under this Act to give information concerning any birth or death or any living new-born child or any dead body, wilfully refuses to answer any question put to him by the Registrar relating to the particulars required to be registered concerning the birth or death, or save as provided in this Act, fails to comply with any requirement of the Registrar made thereunder;

(b) refuses or fails without reasonable excuse to give, deliver or send any certificate which he is required by this Act to give, deliver or send;

(c) being a person upon whom a duty is imposed by section 8 to give information concerning a birth fails to give that information and that information is not given;

(d) being a parent of a legitimated person within the meaning of the Legitimacy Act 1961, fails to comply with any requirement of the Registrar-General made under

36 PART IV GENERAL-36. Penalty for false information, false entry, or destruction of entry.

(1) Any person who:

[Renumbering by Act A1524:s.27]

(a) wilfully makes or permits to be made for the purposes of registration any false statement;

(b) wilfully or knowingly furnishes or permits to be furnished any false information, touching any of the particulars required by the Act to be made known;

(c) makes or permits to be made any false entry in any register, knowing the same to be false;

(d) wilfully destroys or permits to be destroyed any entry in any register;

(e) wilfully issues any Certificate of Birth or Certificate of Death containing false particulars;

(f) without lawful authority makes any mark on or entry upon, or erases, cancels, tampers or alters any mark or entry contained in any register;

(g) knowingly and wilfully registers or causes the registration of a birth or a death

36A PART IV GENERAL-36A. Public servants.

All officers appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code.

37 PART IV GENERAL-37. Authority for prosecution.

No prosecution for any offence under this Act shall be instituted except by the authority of the Public Prosecutor.

37A PART IV GENERAL-37A. [Deleted].

(Deleted by Act A1524:s.28)

37B PART IV GENERAL-37B. Power to hold inquiries.

(1) The Registrar-General, the Superintendent-Registrar or the Registrar by the Registrar-General, may for the purpose of satisfying himself of any particulars required for the purpose of deciding under this Act hold an inquiry.

[(1) Am. Act A1524:s.29]

(2) The Registrar General, the Superintendent-Registrar or the Registrar may only for the purpose of carrying out the provisions of subsection (1)-

[(2) Am. Act A1524:s.29]

(a) call upon any person to appear before him to answer any question on oath or otherwise which he may consider reasonably necessary to ask for such purpose;

(b) administer any affirmation or statutory declaration and examine any person on affirmation; or

[(b) Am. Act A1524:s.29]

(c) require any document to be produced which he may consider reasonably necessary.

37C PART IV GENERAL-37C. Power to investigate.

(1) The Registrar-General, the Superintendent-Registrar and the Registrar may investigate the commission of any offence under this Act.

(2) For the avoidance of doubt, it is declared that for the purposes of this Act, the Registrar-General, the Superintendent-Registrar and the Registrar shall have all or any of the special powers of a police officer of whatever rank in relation to police investigations in seizable cases as provided for under the Criminal Procedure Code [Act 593] , and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.

[37C. Ins. Act A1524:s.30]

38 PART IV GENERAL-38. Power to compound offences.

(1) The Minister may make rules prescribing:

(a) any offence under this Act and any rules made under this Act that may be compounded;

(b) criteria for compounding such offence; and

(c) method and procedure for compounding such offence.

(2) The Registrar-General or the Superintendent-Registrar may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act or any rules made under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Registrar-General or the Superintendent-Registrar of such amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer.

(3) An offer under subsection (2) may be made a

39 PART IV GENERAL-39. Rules.

Subject to the provisions of this Act the Minister may make rules in respect of all or any of the following matters:

(a) the form and contents of the registers, Certificates of Birth, Certificates of Death, forms, certificates, notices and other documents required and the information to be supplied for carrying out the purposes of this Act;

(b) the fees to be imposed under this Act;

(c) the custody of registers, forms, certificates, notices and other documents connected with the business of registration;

(d) the making of searches and the issue of Certificated of Birth or Certificated of Death;

(e) the preparation and custody of indices of matters contained in registers;

(f) the making of corrections or alterations to the registers;

(g) the returns to be rendered by masters of ships or captains of aircrafts registered in M

40 PART IV GENERAL-40. Sending documents by post.

Any notice, declaration, certificate, requisition, return or other document required by or under this Act may be sent by post.

41 PART IV GENERAL-41. Savings, etc.

(1) Any certificate issued or any notice or information given or any order, regulation or return made or any registration effected or other thing done under or in accordance with any former written law relating to the registration of births and deaths shall if in force at the commencement of this Act, continue in force, and shall have effect as if the same has been issued, given, made effected or done under the corresponding provision of this Act.

(2) Any form used, and any requirement as to the particulars to be entered in any form used, for the purposes of any written law repealed by this Act in force immediately before the commencement of this Act shall continue in force as though prescribed under this Act until other forms or particulars are so prescribed.

(3) Where a period of time specified in any Enactment or Ordinance repealed by this Act is current at the commencement of this Act this Act shall have effect as if the correspondi

42 PART IV GENERAL-42. Repeal.

The Enactments and Ordinances set out in the Schedule to this Act are repealed to the extent specified in the third column of such Schedule.