In short: From 1 October 2026, a birth or death that is reported more than one year late can no longer be registered by the usual registration authority alone. A magistrate's order is now required, and the level of magistrate depends on how late the report is: DM/SDM/Executive Magistrate for 1–2 years, and a Judicial Magistrate of the First Class for more than 2 years.
The Central Government has tightened the rules for delayed registration of births and deaths. The Registration of Births and Deaths (Amendment) Act, 2026 (Act 12 of 2026) amends Section 13 of the Registration of Births and Deaths Act, 1969, and has been brought into force by Notification S.O. 5081(E) dated 16 September 2026. This guide explains what changed, who now decides delayed cases, and what you should do if you need to register an old birth or death.
Key facts at a glance
| Law amended | Registration of Births and Deaths Act, 1969 (Section 13) |
| Amending Act | Registration of Births and Deaths (Amendment) Act, 2026 (12 of 2026); introduced in Lok Sabha as Bill No. 140 of 2026 on 29 July 2026 |
| In force from | 1 October 2026 (Notification S.O. 5081(E), 16 September 2026) |
| Provisions replaced | Section 13(3), substituted by new Sections 13(3) and 13(3A) |
| Purpose | Make delayed registration more stringent and encourage timely reporting |
What the new law says
Section 13(3): delay of more than 1 year but within 2 years
A birth or death reported to the Registrar after one year but within two years of its occurrence can be registered only on an order of:
- the District Magistrate, or
- the Sub-Divisional Magistrate, or
- an Executive Magistrate authorised by the District Magistrate,
in each case having jurisdiction over the area where the birth or death took place. The magistrate must verify the correctness of the birth or death, and the prescribed fee must be paid. "Executive Magistrate" here means one appointed under Section 14(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 13(3A): delay of more than 2 years
A birth or death reported after two years of its occurrence can be registered only on an order of a Judicial Magistrate of the First Class having jurisdiction over the area where the event took place, after verifying its correctness and on payment of the prescribed fee.
Timeline of delayed registration
| Reported after the event | Who decides |
|---|---|
| Within 21 days | Normal registration, no fee (Section 13(1), unchanged) |
| After 21 days, up to 30 days | Registrar, on payment of late fee (Section 13(1), unchanged) |
| After 30 days, within 1 year | Written permission of the prescribed authority, with late fee (Section 13(2), unchanged) |
| After 1 year, within 2 years | DM / SDM / authorised Executive Magistrate order (new Section 13(3)) |
| After 2 years | Judicial Magistrate of the First Class order (new Section 13(3A)) |
Note: the rows for the first three periods describe the existing provisions of the 1969 Act, which this amendment does not change. The amendment replaces only Section 13(3). Check the current text of the Act and your State rules for exact wording and fees.
What has changed in practice
Under the earlier Section 13(3), any registration delayed beyond one year needed an order from a magistrate of the first class. The 2026 amendment splits this into two tiers. Cases delayed between one and two years now go to the District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate. Only cases delayed beyond two years go to the Judicial Magistrate of the First Class. In both tiers the order must follow verification of the birth or death, which is the core of the government's "more stringent" approach.
Why the government made this change
The Statement of Objects and Reasons explains that registration is mandatory and that a birth or death certificate gives legal identity and is admissible as evidence of the event. Based on consultations with States, Union Territories and other stakeholders, the amendment aims to make delayed registration harder so that people report births and deaths on time.
What to do if you need a delayed registration
- Work out the delay. Count from the date of the birth or death to the date you report it to the Registrar.
- Collect proof of the event. For a birth this is typically a hospital record, school record or similar evidence; for a death, a hospital or cremation/burial record or similar. Witness affidavits may also be asked for.
- Approach the Registrar of the area where the event occurred and ask for the delayed-registration procedure and application form.
- Apply for the magistrate's order (for delays beyond one year) before the correct authority: DM/SDM/Executive Magistrate for 1–2 years, or the Judicial Magistrate of the First Class for more than 2 years.
- Pay the prescribed fee. The amount is set by State rules, so it can differ from State to State.
- Submit the order to the Registrar, who will register the event and issue the certificate.
Tip: The exact documents and forms are decided by State rules under Section 30 of the Act, which the Bill's memorandum on delegated legislation leaves to State Governments. Confirm the list with your local Registrar before applying.
Why timely registration matters
- The certificate is the base document for Aadhaar, passport, school admission and many benefits.
- Death certificates are needed for succession, mutation, pension, insurance and bank claims.
- Late registration now means more steps, more time and more cost, so registering within 21 days is clearly the best route.
Frequently asked questions
Is the new rule already in force?
Yes. The Central Government notified 1 October 2026 as the date on which the Act comes into force.
Who can order registration of a birth delayed by 18 months?
The District Magistrate, the Sub-Divisional Magistrate, or an Executive Magistrate authorised by the District Magistrate, with jurisdiction over the area.
Who can order registration of a death delayed by 5 years?
Only a Judicial Magistrate of the First Class having jurisdiction over the area where the death took place.
Is a fee payable?
Yes, the prescribed fee. The amount is fixed by rules, not by the Act itself.
Does the Act cost the government anything?
No. The financial memorandum states that it involves no expenditure from the Consolidated Fund of India.
Disclaimer: This post is for general information based on the Bill text and the commencement notification. It is not legal advice. Procedures, forms and fees are set by State rules, so confirm them with your Registrar or a legal professional.
