Declaration and Notification

Sri Lanka Legal Analysis

Under Section 46, BDRA, Gram Niladharis are duty-bound to "inform themselves of all deaths" occuring in their jurisdiction. For community deaths, the registrar of division requires a form CR2 (filled out by family) and form B24 (Report of death by Gram Niladhari), to register death. So, the Gram Niladhari plays a role in death registration of decedents who die outside of hospitals. In non-MLDI cases (where death is from natural causes), the Gram Niladhari also obtains a ceritfication of cause of death from a medical practitioner on a letterhead or through Form B33. Under the law, the Gram Niladhari is a notifier of death and not an informant. In practice, the Gram Niladhari gives these forms to the family, not the registrar. So, in practice, the Gram Niladhari is not a notifier.

Sri Lanka Legal Analysis

In the case of deaths that occur outside hospitals, in the community, and not referred to Medicolegal Death Investiation authorities, the Gram Niladhari (village headman) fills out a Form B24 (Report of Death) and provides this to the informant. A medical practitioner attending the deceased may provide a certification of cause of death on a letterhead or as Form B33 (Declaration of Death containing cause of death information filled out by a medical officer) to the Gram Nalidhari to accompany the B24.

Sri Lanka Legal Analysis

In the case of deaths in hospitals, that are not unnatural and therefore not referred to Medicolegal Death Investigation authorities, the hospital issues a Form B33 (Declaration of Death) to the family. This Declaration of Death in Form B33 contains cause of death information and can only be filled by an attending medical officer. The family then submits this Form to the Registrar of Division alongside Form CR2 (also called Declaration of Death) which is filled out by the family. Together, Forms B33 and CR2 are required to register a death.
The Forms stipulated in the Births and Deaths Registration Act have changed in practice but the law itself has not been updated. Forms B33 and CR2 have been issued by the Registrar General Department of Sri Lanka.

Sri Lanka Legal Analysis

Sudden and suspicious deaths may overlap with community deaths or deaths in hospitals. A Form B18 is required to be filled in by an Inquirer into Sudden Deaths and an inquiry is a procedure governed by the Code of Criminal Procedure. The Inquirer into Sudden Deaths (ISD) is appointed by the Ministry of Justice who may often be a lay person. Without a Form B18, a death cannot be registered in practice and Section 39, BDRA details the process of an inquirer sending this certificate to the registrar.

Sri Lanka Legal Analysis

Under the law, there is no distinction between deaths occurring in a health facility or outside one. Primary informants for deaths that occur in a house or building, are, the nearest relative of the decedent present at death, or every other relative dwelling in the building/resident in the same division, or each person present at the death and being an occupier of the house, or the person disposing the body. If the death occurs in a place other than a building/house, every relative having knowledge of particulars of death or every person present at death and the person disposing the body, are informants. When a corpse is found outside a house or building, every relative with knowledge of particulars of death, the person who finds the corpse, and the person disposing the body, are informants. In estate deaths, the Superintendent of Estate is information to District Registrar. The law differs from practice, where in the case of community deaths, the Gram Niladhari (GN) issues a Form B24 to the family that is required as supporting documentation to register a death that occurred outside a health facility.

Sri Lanka Legal Analysis

Under Section 29 of the BDRA, the "nearest relatives present at the death" are the primary informants for deaths occuring in a house or building. Health facilities are included interpretively, in the meaning of "buildings".
By way of a Circular issued by the RG, hospitals are required to fill in form B33 whenever a death occurs in a hospital. This form is filled in triplicate and one copy is handed to the family. The second copy is sent to the RG's department, while the third copy is retained by the hospital. Alongside form CR2 (filled out by family), B33 is presented to the registrar for complete registration. Through this Circular, the hospitals themselves are made notifiers and not informants.

Sri Lanka Legal Analysis

Under Section 46, BDRA, Gram Niladharis are duty-bound to "inform themselves of all deaths" occuring in their jurisdiction. For community deaths, the registrar of division requires a form CR2 (filled out by family) and form B24 (Report of death by Gram Niladhari), to register death. So, the Gram Niladhari plays a role in death registration of decedents who die outside of hospitals. In non-MLDI cases (where death is from natural causes), the Gram Niladhari also obtains a ceritfication of cause of death from a medical practitioner on a letterhead or through Form B33. Under the law, the Gram Niladhari is a notifier of death and not an informant. In practice, the Gram Niladhari gives these forms to the family, not the registrar. So, in practice, the Gram Niladhari is not a notifier.

Sri Lanka Legal Analysis

In the case of deaths that occur outside hospitals, in the community, and not referred to Medicolegal Death Investiation authorities, the Gram Niladhari (village headman) fills out a Form B24 (Report of Death) and provides this to the informant. A medical practitioner attending the deceased may provide a certification of cause of death on a letterhead or as Form B33 (Declaration of Death containing cause of death information filled out by a medical officer) to the Gram Nalidhari to accompany the B24.

Sri Lanka Legal Analysis

In the case of deaths in hospitals, that are not unnatural and therefore not referred to Medicolegal Death Investigation authorities, the hospital issues a Form B33 (Declaration of Death) to the family. This Declaration of Death in Form B33 contains cause of death information and can only be filled by an attending medical officer. The family then submits this Form to the Registrar of Division alongside Form CR2 (also called Declaration of Death) which is filled out by the family. Together, Forms B33 and CR2 are required to register a death.
The Forms stipulated in the Births and Deaths Registration Act have changed in practice but the law itself has not been updated. Forms B33 and CR2 have been issued by the Registrar General Department of Sri Lanka.

Sri Lanka Legal Analysis

Sudden and suspicious deaths may overlap with community deaths or deaths in hospitals. A Form B18 is required to be filled in by an Inquirer into Sudden Deaths and an inquiry is a procedure governed by the Code of Criminal Procedure. The Inquirer into Sudden Deaths (ISD) is appointed by the Ministry of Justice who may often be a lay person. Without a Form B18, a death cannot be registered in practice and Section 39, BDRA details the process of an inquirer sending this certificate to the registrar.

Sri Lanka Legal Analysis

Under the law, there is no distinction between deaths occurring in a health facility or outside one. Primary informants for deaths that occur in a house or building, are, the nearest relative of the decedent present at death, or every other relative dwelling in the building/resident in the same division, or each person present at the death and being an occupier of the house, or the person disposing the body. If the death occurs in a place other than a building/house, every relative having knowledge of particulars of death or every person present at death and the person disposing the body, are informants. When a corpse is found outside a house or building, every relative with knowledge of particulars of death, the person who finds the corpse, and the person disposing the body, are informants. In estate deaths, the Superintendent of Estate is information to District Registrar. The law differs from practice, where in the case of community deaths, the Gram Niladhari (GN) issues a Form B24 to the family that is required as supporting documentation to register a death that occurred outside a health facility.

Sri Lanka Legal Analysis

Under Section 29 of the BDRA, the "nearest relatives present at the death" are the primary informants for deaths occuring in a house or building. Health facilities are included interpretively, in the meaning of "buildings".
By way of a Circular issued by the RG, hospitals are required to fill in form B33 whenever a death occurs in a hospital. This form is filled in triplicate and one copy is handed to the family. The second copy is sent to the RG's department, while the third copy is retained by the hospital. Alongside form CR2 (filled out by family), B33 is presented to the registrar for complete registration. Through this Circular, the hospitals themselves are made notifiers and not informants.

Sri Lanka Legal Analysis

Under Section 46, BDRA, Gram Niladharis are duty-bound to "inform themselves of all deaths" occuring in their jurisdiction. For community deaths, the registrar of division requires a form CR2 (filled out by family) and form B24 (Report of death by Gram Niladhari), to register death. So, the Gram Niladhari plays a role in death registration of decedents who die outside of hospitals. In non-MLDI cases (where death is from natural causes), the Gram Niladhari also obtains a ceritfication of cause of death from a medical practitioner on a letterhead or through Form B33. Under the law, the Gram Niladhari is a notifier of death and not an informant. In practice, the Gram Niladhari gives these forms to the family, not the registrar. So, in practice, the Gram Niladhari is not a notifier.

Sri Lanka Legal Analysis

In the case of deaths that occur outside hospitals, in the community, and not referred to Medicolegal Death Investiation authorities, the Gram Niladhari (village headman) fills out a Form B24 (Report of Death) and provides this to the informant. A medical practitioner attending the deceased may provide a certification of cause of death on a letterhead or as Form B33 (Declaration of Death containing cause of death information filled out by a medical officer) to the Gram Nalidhari to accompany the B24.

Sri Lanka Legal Analysis

In the case of deaths in hospitals, that are not unnatural and therefore not referred to Medicolegal Death Investigation authorities, the hospital issues a Form B33 (Declaration of Death) to the family. This Declaration of Death in Form B33 contains cause of death information and can only be filled by an attending medical officer. The family then submits this Form to the Registrar of Division alongside Form CR2 (also called Declaration of Death) which is filled out by the family. Together, Forms B33 and CR2 are required to register a death.
The Forms stipulated in the Births and Deaths Registration Act have changed in practice but the law itself has not been updated. Forms B33 and CR2 have been issued by the Registrar General Department of Sri Lanka.

Sri Lanka Legal Analysis

Sudden and suspicious deaths may overlap with community deaths or deaths in hospitals. A Form B18 is required to be filled in by an Inquirer into Sudden Deaths and an inquiry is a procedure governed by the Code of Criminal Procedure. The Inquirer into Sudden Deaths (ISD) is appointed by the Ministry of Justice who may often be a lay person. Without a Form B18, a death cannot be registered in practice and Section 39, BDRA details the process of an inquirer sending this certificate to the registrar.

Sri Lanka Legal Analysis

Under the law, there is no distinction between deaths occurring in a health facility or outside one. Primary informants for deaths that occur in a house or building, are, the nearest relative of the decedent present at death, or every other relative dwelling in the building/resident in the same division, or each person present at the death and being an occupier of the house, or the person disposing the body. If the death occurs in a place other than a building/house, every relative having knowledge of particulars of death or every person present at death and the person disposing the body, are informants. When a corpse is found outside a house or building, every relative with knowledge of particulars of death, the person who finds the corpse, and the person disposing the body, are informants. In estate deaths, the Superintendent of Estate is information to District Registrar. The law differs from practice, where in the case of community deaths, the Gram Niladhari (GN) issues a Form B24 to the family that is required as supporting documentation to register a death that occurred outside a health facility.

Sri Lanka Legal Analysis

Under Section 29 of the BDRA, the "nearest relatives present at the death" are the primary informants for deaths occuring in a house or building. Health facilities are included interpretively, in the meaning of "buildings".
By way of a Circular issued by the RG, hospitals are required to fill in form B33 whenever a death occurs in a hospital. This form is filled in triplicate and one copy is handed to the family. The second copy is sent to the RG's department, while the third copy is retained by the hospital. Alongside form CR2 (filled out by family), B33 is presented to the registrar for complete registration. Through this Circular, the hospitals themselves are made notifiers and not informants.