Section 15 permits correction of a child’s birth-register name upon proof of genuine mistake.

The petitioner sought correction of his minor son’s name in the birth certificate issued by the South Dum Dum Municipality, from “Balendu Das” to “Bibaswan Das,” through an application and demand of justice dated 10 June 2026.

On 22 July 2026, the Court directed the petitioner to file a supplementary affidavit because the nursing-home birth certificate had not been disclosed and the biological mother had not initially come forward; it also directed the Officer-in-Charge, Dum Dum Police Station, to conduct an enquiry and submit a report.

The police enquiry verified the birth certificate, school transfer certificate, PAN card, Aadhaar card and bank account documents.

Except for the birth certificate and school transfer certificate, the documents recorded the child’s name as “Bibaswan Das”.

The enquiry further found that the child was commonly known as “Bibaswan Das,” that his educational and financial records uniformly bore that name, and that there was no criminal antecedent, adverse report, rival claim or identity dispute.

The biological mother subsequently filed a supplementary affidavit supporting the correction and disclosed her Aadhaar card, the marriage certificate, the nursing-home discharge certificate and the child’s birth certificate.

Whether the entry recording the minor child’s name as “Balendu Das” in the birth register and birth certificate could be corrected to “Bibaswan Das” when the surrounding official records and the parents’ evidence supported the latter name.

Whether, in the absence of any rival claim, identity dispute, criminal antecedent or adverse report, the concerned authorities should be directed to consider the correction and issue an appropriate corrigendum under Section 15 of the Registration of Births and Deaths Act, 1969.

The Court primarily applied Section 15 of the Registration of Births and Deaths Act, 1969, which provides for the correction or cancellation of an erroneous or improperly made entry in the register of births and deaths, subject to the applicable statutory procedure.

The Court also applied the principle that correction of a birth-record entry may be directed where the material evidence establishes that the entry resulted from a genuine mistake and there is no competing claim, fraud, or dispute concerning the identity of the person concerned.

The police report corroborated the petitioner’s case by confirming that the child’s identity documents, financial records and other official records consistently used the name “Bibaswan Das,” while the name “Balendu Das” appeared only in the birth certificate and school transfer certificate.

The biological mother’s supplementary affidavit and the nursing-home and marriage records further supported the petitioner’s claim.

In light of the absence of any rival claimant, identity dispute, criminal antecedent or adverse material, the Court concluded that the incorrect entry was likely the result of a genuine mistake.

Applying Section 15 of the 1969 Act, the Court considered correction of the birth entry legally permissible and directed the authorities to take an informed decision and give effect to the correction.

The correction and issuance of the corrigendum were expected to be completed within two weeks from communication of the order.

The writ petition was accordingly disposed of.