Affidavit and notary in India — what they are, how to make one, stamp paper, oath commissioner vs notary (2026)
What an affidavit is, who can administer the oath (notary under the Notaries Act, 1952; oath commissioners and magistrates under the Oaths Act, 1969), stamp paper basics, when notarisation is enough and when registration is needed, self-declarations accepted in place of affidavits, and the penalty for false affidavits under BNS ss. 227–229 (old IPC ss. 191–193). Educational only — not legal advice.
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What an affidavit is
An affidavit is a written statement of facts that the person making it (the deponent) swears or affirms to be true before an authorised officer. It is used in courts, for government applications (name change, address, income, lost documents, gap in education, and similar), and by banks or employers. It should state facts within your knowledge, identify you clearly, and end with a verification stating which paragraphs are true to your knowledge and which are based on information or belief.
Who can administer the oath
The Oaths Act, 1969 empowers courts, magistrates and persons authorised by the High Court (oath commissioners, usually available at court complexes) to administer oaths and affirmations. A notary public appointed by the Central or State Government under the Notaries Act, 1952 can also administer oaths and take affidavits, and attest or authenticate documents (s. 8). Many courts prefer affidavits sworn before their oath commissioners — check the court’s rules or the department’s form.
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Write in Hindi or English · general guidance, not legal advice
Stamp paper and format
Whether an affidavit needs stamp paper, and of what value, depends on your State’s Stamp Act — many States charge a small fixed duty, while affidavits for certain purposes (for example, some court filings) may be exempt. Use e-stamp or franked paper where available. Write your full name, parent’s/spouse’s name, age, address, and numbered paragraphs of facts; sign in front of the notary or oath commissioner, who records the entry in their register and affixes a seal and signature.
Notarisation is not registration
A notary’s attestation confirms that the document was signed or sworn before them — it does not make an unregistered transfer valid. Sale, gift or lease documents that must be registered under Section 17 of the Registration Act need registration at the Sub-Registrar’s office; notarised ‘agreements’ or ‘GPAs’ do not transfer ownership. Rent agreements for 11 months are often notarised, but registration rules for leases differ by State.
Self-declaration may be enough
Following administrative reform advisories from the Central Government, many ministries and State departments now accept a self-declaration or self-attested copies instead of a sworn affidavit or gazetted-officer attestation for routine applications. Read the form or notice carefully before spending on an affidavit.
False affidavits are a crime
Knowingly making a false statement on oath is ‘giving false evidence’ under Section 227 of the Bharatiya Nyaya Sanhita, 2023 (old IPC s. 191). Section 229 (old s. 193) punishes intentionally giving false evidence — up to 7 years in a judicial proceeding and up to 3 years otherwise, with fine. State only what you know to be true. Check that a notary is genuine by looking at the seal, registration number and validity of the certificate of practice; central notaries are appointed through the Department of Legal Affairs and State notaries by the State Government.
How Adhiwakta can help
We do not draft, notarise or swear affidavits. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Who can attest an affidavit in India?
- A notary public appointed under the Notaries Act, 1952, or an oath commissioner, magistrate or court authorised under the Oaths Act, 1969. Courts often require affidavits sworn before their own oath commissioners.
- Does a notarised document transfer property?
- No. Notarisation only confirms signing or swearing before the notary. Documents that must be registered under Section 17 of the Registration Act need registration at the Sub-Registrar’s office.
- What is the punishment for a false affidavit?
- A false statement on oath is ‘false evidence’ under BNS Section 227 (old IPC s. 191). Under Section 229 (old s. 193) it is punishable with up to 7 years in a judicial proceeding and up to 3 years in other cases, with fine.
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