Death registration must be granted upon official identification even if the physical body remains unrecoverable.

The petitioner’s husband went missing on 22.04.2024 after falling into the Narmada canal.

On 24.04.2024, his body was spotted in a canal siphon at Sanadra, but it became stuck and could not be retrieved due to heavy water flow, despite intervention by the N.D.R.F.

Relatives identified the body via video, and a "Janvajog" (missing person) entry was subsequently closed by the Deputy Superintendent of Police following this identification.

On 15.07.2024, the Police Inspector issued a certificate for death registration.

However, the respondent authorities (Registrar of Births and Deaths) refused to register the death, citing the lack of a physical body and a Post Mortem (P.M.) report.

The petitioner, facing financial hardship and bank notices for a loan of Rs. 23,00,000/-, sought a mandamus for the issuance of the death certificate.

Whether the respondent authorities can be directed to register a death entry under the Registration of Births and Deaths Act, 1969, when the death is identified and certified by police authorities but the body remains physically unrecoverable.

The court exercised its jurisdiction under Article 226 of the Constitution of India in conjunction with the Registration of Births and Deaths Act, 1969.

Where conclusive evidence of death is provided by a competent statutory authority (such as the Police and N.D.R.F.), the absence of a Post Mortem report or a recovered body does not bar the registration of death.

The court found that the Police Inspector’s certificate (Annexure-E) clearly established that the deceased was seen floating and subsequently stuck in the siphon.

The court noted that the identification of the body by relatives through video and the failed retrieval operation by the N.D.R.F. due to technical impossibility constituted sufficient proof of death.

It observed that the respondent’s insistence on a P.M. report was unsustainable given the physical circumstances.

The court emphasized that the petitioner, a widow, was facing significant hardship in claiming government benefits and insurance to settle a substantial bank loan, and that administrative technicalities should not prevent the exercise of statutory duties when the fact of death is undisputed by the police.

The High Court allowed the petition and directed Respondents No. 2 and 3 to register the death entry of Pradipbhai Dudhabhai Vankar and issue the death certificate to the petitioner forthwith.

Rule was made absolute.