Code: Section 49
(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof.
(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.
(3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.
Explanation of Section 49 – Correction of Errors
Section 49 of the Special Marriage Act, 1954, provides a formal legal mechanism for correcting clerical or factual mistakes in the Marriage Certificate Book. The provision ensures that these corrections are made transparently, without altering the original entries, and are properly documented.
Key Provisions:
- Marriage Officers can correct errors in the Marriage Certificate Book within 1 month of discovering the mistake.
- Corrections must be made:
- In the margin only (not within the original entry)
- In the presence of both parties or, if unavailable, two credible witnesses
- With the date and signature of the Marriage Officer
- All corrections must be attested by the witnesses present.
- If the original entry was already forwarded to the Registrar-General under Section 48, a new corrected certificate must be sent.
This section safeguards the authenticity of official marriage records while allowing for genuine human errors to be rectified through a controlled process.
Illustration
Example 1: Typographical Error in Name
A marriage certificate records the name “Amit Sharma” as “Amit Sharama.” The Marriage Officer, upon discovering this error, corrects it in the margin within one month, in the presence of Amit and his spouse, and signs and dates the marginal note. The correction is also attested by both individuals.
Example 2: Error Found After Copy Sent to Registrar-General
If a marriage certificate containing an incorrect date of marriage has already been sent to the Registrar-General, the Marriage Officer will create and send a separate certificate detailing the error and the margin correction as required under subsection (3).
Common Questions and Answers on Section 49 SMA
1. Can a Marriage Officer directly modify the original certificate entry?
No. Section 49 mandates that corrections must be made only in the margin to preserve the integrity of the original entry.
2. What if the married couple is not available during the correction?
In such a case, two credible witnesses must be present during the correction.
3. Is there a time limit to correct an error under Section 49?
Yes. Corrections must be made within one month from the date the error is discovered.
4. Do witnesses have to sign the correction?
Yes. All corrections made under Section 49 must be attested by the witnesses present at the time of the correction.
5. What happens if the error has already been reported to the Registrar-General?
A separate certificate of the original entry and the marginal correction must be sent to the Registrar-General or the concerned authority.
Conclusion
Section 49 of the Special Marriage Act, 1954, ensures that clerical errors in marriage records can be corrected legally, transparently, and promptly. It protects the authenticity of vital records while accommodating genuine corrections in a formalized manner.
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