Supreme Court Issues Notice To Union Govt On Framing Guidelines For Issuance Of Birth And Death Certificates Digitally

The Supreme Court recently issued notice to the Union of India on the question of formulating appropriate guidelines for the uniform issuance of these vital documents through digital means. This order was passed in a case where the court was considering the re-evaluation of the sentence of a convict in a corruption case due to his old age.

The Court ordered:  “Issue notice to the Union of India to be served through the concerned Additional Solicitor General on the question of formulating appropriate guidelines for uniform issuance of birth and death certificates, through digital mode to avoid delay and inconvenience to those who wish to apply for it. Returnable in four weeks. Dasti in addition. Notice to the Union shall be served directly by the Registry.”

The Supreme Court bench comprising Justices S Ravindra Bhat and Justice Aravind Kumar was hearing a Special Leave Petition against the judgment of the Madras High Court which had taken into account the age of the petitioner as a mitigating circumstance to reduce the sentence from 3 years to 1 year rigorous imprisonment for conviction under section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988

The case in question involved the petitioner who was a Village Administrative Officer in Melapungudi village, Sivagangai District. He was accused of demanding a bribe of Rs.1,200 to issue a death certificate. When the de facto complainant refused to pay the bribe, a complaint was lodged, and a pre-trap arrangement was made, leading to the petitioner's arrest. The trial court convicted and sentenced him to 3 years rigorous imprisonment and imposed a fine of Rs.1,000/-, in default to undergo 6 months Rigorous imprisonment for the offenses under sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act

In the appeal before the Madras High Court, the petitioner highlighted that the crime was of the year 2004, now 18 years have lapsed and during that period, the age of the petitioner is now 78 years. The High Court, taking a sympathetic view, confirmed the conviction but reduced the sentence to one year of rigorous imprisonment for each offense under the Prevention of Corruption Act.

Dissatisfied with the High Court's judgment, the petitioner now approached the Supreme Court, which has issued a notice limited to the question of the quantum of sentence.

Finally, it ordered “Issue notice limited to the question of quantum of sentence. The petitioner shall be enlarged on interim bail, subject to such terms and conditions as the trial court may impose

Case title: Prakasam v. State Through Inspector and Anti-Corruption Wing

Citation: SLP (CRIMINAL) Diary No(s).20390/2023

For petitioner: Adv. Mr. Naresh Kaushik, AOR Mr. Vardhman Kaushik, Adv. Mr. Dhruv Joshi, Adv. Mr. Manoj Joshi.