DEATH CERTIFICATE FOR MISSING PERSON CAN ONLY BE ISSUED UPON JUDICIAL ORDER UNDER SECTION 13(3) OF THE ACT.

The petitioner, Priyanka Kumari, sought a writ of mandamus directing the authorities to issue a death certificate for her husband, Late Rajesh Kumar Yadav, an Army retiree.

The husband went missing on 04.05.2024, leading to the registration of Udwantnagar P.S. Case No. 193 of 2024.

During the police investigation, an accused allegedly confessed to murdering the husband.

On 14.08.2025, the Executive Officer of Nagar Parishad, Mahnar, informed the petitioner that a death certificate for a missing person could only be issued upon a court order pursuant to Section 13(3) of the Registration of Births and Deaths Act, 1969.

The petitioner challenged this refusal, citing financial hardship due to the suspension of her husband's pension.

Whether the respondent authorities are legally bound to register a death and issue a certificate based on a police investigation/confessional statement without a judicial order when the death was not registered within one year of occurrence.

Section 13 of the Registration of Births and Deaths Act, 1969.

Section 13(3), which mandates that any birth or death not registered within one year of its occurrence shall be registered only upon an order made by a District Magistrate, Sub-Divisional Magistrate, or authorized Executive Magistrate after verifying the correctness of the event.

The Court observed that the petitioner’s husband had been missing since May 2024, and more than two years had elapsed by the time of the hearing.

Since the death was neither confirmed through a body nor registered within the statutory one-year period, the mandatory procedure under Section 13(3) of the Act became applicable.

The Court reasoned that mere allegations of a confession in a police investigation do not bypass the statutory requirement for a Magisterial inquiry/order for delayed registrations.

The Court found that the respondents’ refusal to issue the certificate without a court order was not an error but a strict adherence to the law.

The Court answered the issue by affirming that for deaths not registered within one year, registration can only occur based on an order from the competent Magistrate after verification.

Consequently, the writ petition was dismissed.