Notarisation is the official act by which a notary public verifies, authenticates, or attests the execution of a document, thereby lending it a presumption of genuineness under law. Under Indian law, the powers and functions of a notary are governed by Section 8 of the Notaries Act, 1952, and documents notarised by a notary public attract a statutory presumption of authenticity under Section 85 of the Indian Evidence Act, 1872 (now Section 81 of the Bharatiya Sakshya Adhiniyam, 2023).
Legal definition
The Notaries Act, 1952 does not define "notarisation" as a standalone term but operationalises the concept through the powers conferred on a notary under Section 8.
Section 2(c) defines a "notary":
"Notary" means a person appointed as such under this Act.
Section 8 enumerates the powers and functions of a notary, which collectively constitute the scope of notarial acts:
A notary may do all or any of the following acts by virtue of his office, namely—
(a) verify, authenticate, certify or attest the execution of any instrument;
(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange;
(d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;
(e) administer oath to, or take affidavit from, any person;
(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;
(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India.
The evidentiary consequence of notarisation flows from Section 85 of the Indian Evidence Act, 1872:
Section 85: The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.
New law equivalent: Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the presumption relating to notarised powers of attorney is contained in Section 81, which corresponds to the former Section 85 of the Evidence Act.
How courts have interpreted this term
Jugraj Singh v. Jaswant Singh (1970) 2 SCC 386
The Supreme Court, in a bench comprising Chief Justice Hidayatullah and Justices A.N. Ray and I.D. Dua, addressed the validity of a power of attorney executed before a notary public in the United States. The Court held that there is a presumption of regularity of official acts and that the notary must have satisfied himself, in the discharge of his duties, that the person executing the document was the proper person. This presumption under Section 85 of the Evidence Act makes authentication by a notary public the equivalent of an affidavit of identity.
Thiruvengada Pillai v. Navaneethammal (2008) 4 SCC 530
The Supreme Court clarified an important limitation of notarisation: a notarised agreement by itself does not confer title over property. The Court held that notarisation provides evidentiary support and raises a presumption of execution, but it does not override statutory mandates such as the requirement of registration under the Registration Act, 1908. Documents that are compulsorily registrable cannot acquire legal effect merely through notarisation.
Types of notarial acts
Indian law recognises several distinct categories of notarial acts under Section 8 of the Notaries Act, 1952:
- Verification and authentication: Attesting the execution of instruments such as affidavits, declarations, and agreements.
- Administration of oaths: Administering oaths and taking affidavits, which are admissible as evidence in civil courts.
- Protest of negotiable instruments: Noting and protesting the dishonour of promissory notes, hundis, and bills of exchange.
- International documents: Preparing and authenticating instruments intended to take effect outside India, conforming to the law of the destination country.
- Maritime and commercial acts: Drawing up ship's protests, charter parties, and other mercantile documents.
Why this matters
Notarisation serves as a critical authentication mechanism in Indian legal practice. For ordinary citizens, the most common encounter with notarisation involves the attestation of affidavits, declarations, and certified copies of documents required for government services, court proceedings, and immigration purposes. A notarised affidavit is admissible in civil courts, making the notary's role fundamental to everyday legal transactions.
For legal practitioners, understanding the distinction between notarisation and registration is essential. A common misconception is that notarising a document is equivalent to registering it. In reality, documents that require compulsory registration under Section 17 of the Registration Act, 1908 — such as sale deeds, gift deeds, and leases exceeding one year — must be registered with the Sub-Registrar regardless of whether they have been notarised. Notarisation raises a rebuttable presumption of execution; registration confers legal validity on the transfer itself.
The appointment of notaries is governed by Sections 3 and 4 of the Notaries Act. Notaries are appointed by the Central Government (for the whole of India) or by the State Government (for a state or part thereof), and only legal practitioners as defined under the Advocates Act, 1961 are eligible for appointment. The Notaries Rules, 1956 prescribe the fees chargeable for notarial acts.
Related terms
Broader concepts:
Related documents:
Related concepts:
Frequently asked questions
Is a notarised document valid in court in India?
A notarised document raises a rebuttable presumption of genuineness under Section 85 of the Indian Evidence Act, 1872 (Section 81 BSA, 2023). It is admissible in court as evidence, but the presumption can be rebutted by the opposing party. Notarisation does not by itself make a document legally enforceable if other statutory requirements — such as registration or stamp duty — have not been complied with.
What is the difference between notarisation and registration?
Notarisation is the authentication of a document by a notary public, raising a presumption of execution. Registration is the recording of a document with the office of the Sub-Registrar under the Registration Act, 1908. Documents such as sale deeds and gift deeds require compulsory registration to be legally valid; notarisation alone is insufficient. The two processes serve different legal purposes and are not interchangeable.
Who can be appointed as a notary in India?
Under Section 3 of the Notaries Act, 1952, only legal practitioners — that is, advocates enrolled under the Advocates Act, 1961 — are eligible for appointment as notaries. The appointment is made by the Central Government or the State Government and is valid for a period of five years, renewable on application.
Can a notary administer oaths in India?
Yes. Section 8(e) of the Notaries Act, 1952 expressly empowers a notary to administer oaths to, or take affidavits from, any person. An affidavit sworn before a notary is admissible as evidence in civil proceedings under Order XIX of the Code of Civil Procedure, 1908.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.