The Registration of Births and Deaths Act, 1969
Administered Ministry: Ministry of Home Affairs / Department of Home
Section
Section 21 Power of Registrar to obtain information regarding birth or death
The Registrar may either orally or in writing require any person to furnish any information within his knowledge in connection with a birth or death in the locality within which such person resides and that person shall be bound to comply with such requisition.
Section 22 Powers to give directions. 10 docs
The Central Government may give such directions to any State Government as may appear to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order made thereunder.
Section 23 Penalties.
(1) 1[Any person, except the person specified in sub-section (1A),] who--
(a) fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8 and 9; or
(b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or
(c) refuses to write his name, description and place of abode or to put his thumb mark 2[or signature, as the case may be,] in the register as required by section 11, shall be punishable with fine which may extend to 3[two hundred and fifty rupees].
2[(1A) Whoever, being a person specified in clauses (b), (c), (d), (da), (db), (dc) and (e) of sub-section (1) of section 8, --
(a) fails without reasonable cause to give any information which it is his duty to give; or
(b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or
(c) refuses to write his name, description and place of abode or to put his thumb mark or signature in the register as required under section 11, shall be punishable with fine which may extend to one thousand rupees in respect of each birth or death.]
(2) Any Registrar or Sub-Registrar who neglects or refuses, without reasonable cause, to register any birth or death occurring in his jurisdiction 4[or to give a certificate to the informant under section 12] or to submit any returns as required by sub-section (1) of section 19 shall be punishable with fine which may extend to 5[two hundred and fifty rupees].
6[(3) Any person who neglects or refuses to provide or issue a certificate as required under sub-section (2) or sub-section (3) of section 10 or any person neglects or refuses to deliver such certificate to the Registrar, shall be punishable with fine which may extend to fifty rupees.]
(4) 7[Any person except the person specified in sub-section (1A)] Any person who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section shall be punishable with fine which may extend to 8[two hundred and fifty rupees].
4[(4A) Any person specified in sub-section (1A), who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section, shall be punishable with fine which may extend to one thousand rupees in respect of each birth or death.]
(5) Notwithstanding anything contained in the 9[Code of Criminal Procedure, 1973 (2 of 1973)], an offence under this section shall be tried summarily by a magistrate.
(a) fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8 and 9; or
(b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or
(c) refuses to write his name, description and place of abode or to put his thumb mark 2[or signature, as the case may be,] in the register as required by section 11, shall be punishable with fine which may extend to 3[two hundred and fifty rupees].
2[(1A) Whoever, being a person specified in clauses (b), (c), (d), (da), (db), (dc) and (e) of sub-section (1) of section 8, --
(a) fails without reasonable cause to give any information which it is his duty to give; or
(b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or
(c) refuses to write his name, description and place of abode or to put his thumb mark or signature in the register as required under section 11, shall be punishable with fine which may extend to one thousand rupees in respect of each birth or death.]
(2) Any Registrar or Sub-Registrar who neglects or refuses, without reasonable cause, to register any birth or death occurring in his jurisdiction 4[or to give a certificate to the informant under section 12] or to submit any returns as required by sub-section (1) of section 19 shall be punishable with fine which may extend to 5[two hundred and fifty rupees].
6[(3) Any person who neglects or refuses to provide or issue a certificate as required under sub-section (2) or sub-section (3) of section 10 or any person neglects or refuses to deliver such certificate to the Registrar, shall be punishable with fine which may extend to fifty rupees.]
(4) 7[Any person except the person specified in sub-section (1A)] Any person who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section shall be punishable with fine which may extend to 8[two hundred and fifty rupees].
4[(4A) Any person specified in sub-section (1A), who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section, shall be punishable with fine which may extend to one thousand rupees in respect of each birth or death.]
(5) Notwithstanding anything contained in the 9[Code of Criminal Procedure, 1973 (2 of 1973)], an offence under this section shall be tried summarily by a magistrate.
1. Subs. by s. 15, ibid., for "Any person" (w.e.f. 1-10-2023).
2. Ins. by s. 15, ibid. (w.e.f. 1-10-2023).
3. Subs. by s. 15, ibid., for "fifty rupees" (w.e.f. 1-10-2023).
4. Ins. by Act 20 of 2023, s. 15 (w.e.f. 1-10-2023).
5. Subs. by s. 15, ibid., for "fifty rupees" (w.e.f. 1-10-2023).
6. Subs. by s. 15, ibid., for sub-section (3) (w.e.f. 1-10-2023).
7. Subs. by s. 15, ibid., for "Any Person" (w.e.f. 1-10-2023).
8. Subs. by s. 15, ibid., for "ten rupees" (w.e.f. 1-10-2023).
9. Subs. by s. 15, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 1-10-2023).
2. Ins. by s. 15, ibid. (w.e.f. 1-10-2023).
3. Subs. by s. 15, ibid., for "fifty rupees" (w.e.f. 1-10-2023).
4. Ins. by Act 20 of 2023, s. 15 (w.e.f. 1-10-2023).
5. Subs. by s. 15, ibid., for "fifty rupees" (w.e.f. 1-10-2023).
6. Subs. by s. 15, ibid., for sub-section (3) (w.e.f. 1-10-2023).
7. Subs. by s. 15, ibid., for "Any Person" (w.e.f. 1-10-2023).
8. Subs. by s. 15, ibid., for "ten rupees" (w.e.f. 1-10-2023).
9. Subs. by s. 15, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 1-10-2023).
Section 24 Power to compound offences.
(1) Subject to such conditions as may be prescribed, any officer authorised by the Chief Registrar by a general or special order in this behalf may, either before or after the institution of criminal 1[proceedings under this Act,--
(a) accept from the person, except the person specified in sub-section (1A) of section 23, who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence a sum of money not exceeding two hundred and fifty rupees;
(b) accept from the person specified in sub-section (1A) of section 23, who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence a sum of money not exceeding one thousand rupees in respect of each birth or death.]
(2) On the payment of such sum of money, such person shall be discharged and no further proceedings shall be taken against him in respect of such offence.
(a) accept from the person, except the person specified in sub-section (1A) of section 23, who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence a sum of money not exceeding two hundred and fifty rupees;
(b) accept from the person specified in sub-section (1A) of section 23, who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence a sum of money not exceeding one thousand rupees in respect of each birth or death.]
(2) On the payment of such sum of money, such person shall be discharged and no further proceedings shall be taken against him in respect of such offence.
1. Subs. by s. 16, ibid., for certain words (w.e.f. 1-10-2023).
Section 25 Sanction for prosecution.
No prosecution for an offence punishable under this Act shall be instituted except by an officer authorised by the Chief Registrar by general or special order in this behalf.
Section 25A Appeal.
1[25A. Appeal.--(1) Any person aggrieved by any action or order of,--
(i) the Registrar, may prefer an appeal to the District Registrar; or
(ii) the District Registrar, may prefer an appeal to the Chief Registrar,
within a period of thirty days from the date of such action or receipt of such order, as the case may be, in such form and manner as may be prescribed.
(2) The District Registrar or the Chief Registrar, as the case may be, shall decide the appeal referred to in sub-section (1) within a period of ninety days from the date of preferring of such appeal.]
(i) the Registrar, may prefer an appeal to the District Registrar; or
(ii) the District Registrar, may prefer an appeal to the Chief Registrar,
within a period of thirty days from the date of such action or receipt of such order, as the case may be, in such form and manner as may be prescribed.
(2) The District Registrar or the Chief Registrar, as the case may be, shall decide the appeal referred to in sub-section (1) within a period of ninety days from the date of preferring of such appeal.]
1. Ins. by s. 17, ibid., (w.e.f. 1-10-2023).
Section 26 Registrars and Sub-Registrars to be deemed public servants 10 docs
All Registrars and Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 27 Delegation of powers. 11 docs
The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act (except the power to make rules under section 30) or the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be exercisable, also by such officer or authority subordinate to the State Government as may be specified in the direction.
Section 28 Protection of action taken in good faith. 10 docs
(1) No suit, prosecution or other legal proceeding shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising any power or performing any duty under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
Section 29 Act not to be in derogation of Act 6 of 1886
Nothing in this Act shall be construed to be in derogation of the provisions of the Births, Deaths and Marriages Registration Act, 1886.
Section 30 Power to make rules. 11 docs
(1) The State Government may, with the approval of the Central Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for--
(a) the forms of registers of births and deaths required to be kept under this Act;
(b) the period within which and the form and the manner in which information should be given to the registrar under section 8;
(c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10;
1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10;
(e) the particulars of which extract may be given under section 12;
(f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;]
(g) the fees payable for registration made under section 13;
2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17;
(gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4;
(i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers;
(j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published;
(k) the custody, production and transfer of the registers and other records kept by Registrars;
(l) the correction of errors and the cancellation of entries in the register of births and deaths;
(m) any other matter which has to be, or may be, prescribed.
4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for--
(a) the forms of registers of births and deaths required to be kept under this Act;
(b) the period within which and the form and the manner in which information should be given to the registrar under section 8;
(c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10;
1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10;
(e) the particulars of which extract may be given under section 12;
(f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;]
(g) the fees payable for registration made under section 13;
2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17;
(gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4;
(i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers;
(j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published;
(k) the custody, production and transfer of the registers and other records kept by Registrars;
(l) the correction of errors and the cancellation of entries in the register of births and deaths;
(m) any other matter which has to be, or may be, prescribed.
4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023).
3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023).
4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023).
3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023).
4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
Section 31 Repeal and saving. 10 docs
(1) Subject to the provisions of section 29, as from the coming into force of this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act.
Section 32 Power to remove difficulty.
If any difficulty arises in giving effect in a State to the provisions of this Act in their application to any area, the State Government may, with the approval of the Central Government, by order make such provisions or give such directions not inconsistent with the provisions of this Act as appears to the State Government to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section in relation to any area in a State after the expiration of two years from the date on which this Act comes into force in that area.
Provided that no order shall be made under this section in relation to any area in a State after the expiration of two years from the date on which this Act comes into force in that area.