PIyush Goyal
Asked July 04, 2016

Date of Birth difference in documents

  • 1 Answer
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As per passport authorities those who born after 1989 for them birth certificate is mandatory for applying passport so i am facing this same issue only in all my documents my DOB is 04-Oct-1995 Documents like PAN Card,Educational Certificates Etc. But in my birth certificate its 04-Oct-1994 So just guide me how to get rid from this because i am in urgent need of passport. I tried to municipal authorities for new birth certificate but they denies so suggest me some legal procedure for this.

Answer 1

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SAURABH KUMAR

The Ministry of External Affairs had issued an Office memorandum[1]  on November 26th 2015, asking all passport issuing authorities (PIAs) to reject applications for change in date of birth in passports after a period of five years from date of issue of passport. Thus, in case you have ALREADY been issued a passport and five years have passed by, then no such request will be entertained. As per the memorandum, the only exemption that can be granted is in the case of an applicant who was a minor when the passport was originally issued.

In such a case, application for correcting date of birth should be filed upon attaining the age of majority and the PIA can consider such an application irrespective of the date of issuance of passport. If the PIA is satisfied about the claim and the documents submitted by such an applicant, the request for changing date of birth can be accepted without imposing any penalty.

 

Section 15 of the Register of Births and Deaths Act, 1969 authorizes the Registrar to correct the errors or cancel the entry of any birth or death if the same is erroneous in the form of substance or has been fraudulently or improperly made. But the provision contains many inbuilt safeguards. The section begins with the word “If it is proved to the satisfaction of the Registrar”. It shows that not only the error or fraud in the entry had to be proved, but also it should be proved to the satisfaction of the Registrar. In this respect the Registrar will have to scan the evidence in order to be satisfied. It will have to be established that the entry is erroneous in form or in substance or has been fraudulently or improperly made. The second safeguard is that the Registrar will have to act subject to the rules made by State Government with respect to the conditions on which and the circumstances in which such entries may be corrected. The rules made by the State Government for this purpose may require strict proof to substantiate any claim and may also require that the procedure should be strictly followed. The third safeguard is that the Registrar cannot alter the original entry but can only make the correction in the margin and sign the same giving the date of correction. Consequently the original date as well as the corrected date will remain side by side on the register and any certified copy of the said entry will contain both the dates.   

Thus, it is advised that you visit the Register of Birth and Death’s Office and submit an application under Section 15 of the aforementioned act. You are advised to carry other “proofs” i.e. official documents that have the “right” date of birth that you so claim.  In case your claim is denied yet again, it is advised that you take legal recourse and file a case in the lower court seeking urgent action.

 

 

 

 

 

 

SOURCES-

http://timesofindia.indiatimes.com/india/Date-of-birth-in-passport-cant-be-changed-5-years-after-issue-Government/articleshow/50444091.cms

https://arogya.maharashtra.gov.in/Site/Uploads/GR/FAQs-on-Registration-of-Births-and-Deaths.pdf

 

[1] No. VI/401/2/5/2001. Available at http://passportindia.gov.in/AppOnlineProject/pdf/TVM_0126478_y.pdf

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