REGISTRATION OF BIRTH & DEATHS (AMENDMENT) ACT, 2026
Why in News?
- Parliament passed the Registration of Births and Deaths (Amendment) Bill, 2026, strengthening provisions related to delayed registration of births and deaths.
- The amendment changes the authority responsible for registrations delayed by more than two years, transferring approval from an Executive Magistrate to a Judicial Magistrate First Class (JMFC).
- This is the second major amendment to the Registration of Births and Deaths Act within three years, following the Registration of Births and Deaths (Amendment) Act, 2023.
IMPORTANCE OF THE ACT
- The Registration of Births and Deaths Act, 1969 forms the foundation of India’s civil identity system.
- A birth certificate is the primary document from which several identity documents are derived, including:
- Aadhaar
- Passport
- Electoral Roll
- Ration Card
- School Admission
- The 2023 amendment made this role legally explicit by recognising the birth certificate as the primary proof of date and place of birth.
KEY PROVISIONS
Stricter Delayed Registration Framework
The amendment revises Section 13(3) of the Registration of Births and Deaths Act, 1969.
Registration Between One and Two Years
- Births or deaths reported after one year but within two years can be registered only with approval of:
- District Magistrate (DM)
- Sub-Divisional Magistrate (SDM)
- Executive Magistrate authorised by the DM.
Registration After More Than Two Years
- Births or deaths reported after two years can now be registered only on the order of a Judicial Magistrate First Class (JMFC).
- This replaces the earlier provision where Executive Magistrates handled all registrations delayed beyond one year.
Mandatory Verification
- The designated authority must verify the authenticity of the reported birth or death before granting permission for delayed registration.
Legal Harmonisation
- References to the Code of Criminal Procedure (CrPC), 1973 are replaced with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
- Executive Magistrates function under Section 14 of BNSS.
- Judicial Magistrates First Class function under Section 9 of BNSS.
OBJECTIVE
- Make delayed registration more stringent.
- Encourage timely reporting of births and deaths.
- Improve the reliability and authenticity of civil registration records.
Financial Implication
- According to the Financial Memorandum, the amendment has no additional financial burden on the government.
LEGISLATIVE TIMELINE
- Introduced in the Lok Sabha by the Union Home Minister on 24 July 2026.
- Passed by both Houses of Parliament.
- Will come into force on a date notified by the Central Government after receiving Presidential assent.
REGISTRATION OF BIRTHS & DEATHS ACT, 1969
About
- Makes registration of all:
- Births
- Deaths
- Stillbirths
mandatory at the place of occurrence.
Civil Registration System (CRS)
- India records births, deaths and stillbirths through the Civil Registration System (CRS).
- Operates under the Office of the Registrar General and Census Commissioner of India under the Ministry of Home Affairs.
- Since October 2023, registrations are maintained digitally through CRS.
Registration Authorities
- Registrar General of India (RGI)
- Chief Registrars
- District Registrars
- Local Registrars
Reporting Timeline
- Births, deaths and stillbirths must ordinarily be reported within 21 days.
- Delayed registration attracts prescribed procedures and late fees.
Responsibility for Reporting
- Hospitals: Medical Officer or authorised official.
- Home births/deaths: Head of the household or prescribed informant.
REGISTRATION OF BIRTHS & DEATH ACT, 2023
Digital Civil Registration
- Established a statutory digital Civil Registration System.
- Introduced electronic registration and digital certificates.
Birth Certificate as a Single Identity Document
For persons born on or after 1 October 2023, the birth certificate serves as proof for:
- School admission
- Aadhaar
- Passport
- Electoral roll preparation
- Driving licence
- Marriage registration
- Government employment
- Other purposes notified by the Central Government.
Data Sharing
The CRS database may be shared, with government approval, for:
- Population Register
- Electoral Rolls
- Aadhaar
- Ration Cards
- Passports
- Driving Licences
- Property Registration
EARLIER DELAYED REGISTRATION FRAMEWORK
- 30 days to one year: Written permission of District Registrar with documents and fee.
- More than one year: Executive Magistrate approval.
- 2026 amendment: Splits this category by requiring JMFC approval for delays beyond two years.
Penalty
- Ordinary informants: Penalty increased from ₹50 to ₹250.
- Institutional authorities (hospital heads, jail authorities, adoption agencies etc.): Up to ₹1,000 per event.
STATUS OF CIVIL REGISTRATION IN INDIA
Coverage
Until 2000
- Birth registration: 56%
- Death registration: 48%
2014
- Birth registration: 86.6%
- Death registration: 72.5%
2024
- Birth registration: 99.1%
- Death registration: 99.4%
- 18 States/UTs achieved 100% birth registration.
- 21 States/UTs achieved 100% death registration.
REASONS FOR IMPROVEMENT IN REGISTRATION
Birth Registration
- Increase in institutional deliveries.
- Birth certificates required for:
- School admission
- Identity documents
- Welfare benefits
- Other official purposes.
Death Registration
- Expansion of formal healthcare.
- Wider health insurance coverage.
- Need for death certificates for:
- Pension
- Insurance
- Inheritance
- Property transfer
- Bank accounts
- Administrative purposes.
HOW LATE IS LATE?
Births
- 25.47 million births registered.
- Around 70% registered within the prescribed 21-day period.
- Around 5.87 million births (nearly one-fourth of registrations) were registered more than one year after birth.
Deaths
- 8.94 million deaths registered.
- Around 6.27 lakh deaths were registered more than one year after occurrence.
STATES WITH HIGHEST DELAYED REGISTRATIONS
- Bihar
- Uttar Pradesh
- Rajasthan
- Madhya Pradesh
- Jharkhand
- Jammu & Kashmir
REGIONAL PATTERN
- North-Eastern States and Himalayan regions recorded very high proportions of delayed birth registrations.
- The CRS report does not distinguish between registrations delayed 1–2 years and more than 2 years.
- Therefore, the exact number of cases that will now require JMFC approval cannot be determined from available data.
SIGNIFICANCE OF CIVIL REGISTRATION
Administrative Importance
- Supports population estimation.
- Helps estimate:
- Fertility
- Mortality
- Sex ratio at birth.
- Assists in evaluating health and social policies.
Real-Time Information
- Enables monitoring of demographic changes.
- Helps study seasonal mortality due to heat and pollution.
Local Planning
- District-level and sub-district-level data improve programme planning and decentralised governance.
Legal Identity
- Provides legally recognised proof of identity and civil status.
CONCERNS
- Regional disparities in CRS implementation.
- Delayed registration beyond the prescribed 21-day period.
- Incomplete medical certification of causes of death.
- Need for better data quality, governance and secure digital records.
- Lack of systematic recording of internal migration.
WAY FORWARD
- Improve awareness and simplify registration procedures.
- Expand Medical Certification of Cause of Death (MCCD).
- Strengthen digital infrastructure and monitoring in low-performing regions.
- Ensure secure use of CRS data while improving inter-agency coordination.
- Integrate internal migration records for better administrative planning.
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