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P.K.Haridasan (Advocate)     11 April 2010

Affidavits sworn before a Magistrate

Learned friends, /experts

Normally few affidavits specify by government agencies  to be sworn before a Magistrate only not before a Notary Public. This is not connected with any case pending before the courts. Purely outsiders are the deponents. Can the Magistrate refuse signing such affidavits. Under which authority the Magisrate acts or refuses. What is the remedy available for a deponent if he lost a chance by not submitting an affidavit. in time due to the act of Magistrate  Is it purely a service rendered  by  a Magistrate?


 4 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 April 2010

It is true that Affidavits specify by government agencies  to be sworn before a Magistrate only not before a Notary Public.  Sometimes it is specifically mentioned that affidavits are to be sworn before executive magistrate and sometimes it simly states as magistrates. It means executive magistrate and not judicial magistrate. These affidavits pertain to conduct, character or resesidency of deponent. Such thing can be verified only by revenue magistrate and not by judicial magistrate. 

You must see difference between judicial magistrate and executive magistrates. Why I am saying this is because, I have come across severall persons confuse themselves in this regard.

As you know very well, Judicial magistrates are judges of criminal courts and Executive magistrates are revenue officials.  Judicial magistrates would refuse to sign such affidavits as it is not part of their job.

But jurisdictional executive magistrate has to sign such affidavits on production and it is part of their duty as that of issuing residence or conduct or other certificates.

P.K.Haridasan (Advocate)     13 April 2010

Thank you sir

P.K.Haridasan (Advocate)     19 April 2010

Dear  Mr Ramesh

In olden days there were no revenue,criminal civil differences. Revenue officials used to act in all respects example village courts. I do not understand where is the scope for verification of affidavits. It is only an affirmation before  certain authorities. No need for the verification. Only the deponent  to be identified by somebody who knows the deponent. Your answer  is not clear . Where  we can see that Executive Magistrates are only powered and they cannot refuse. I would like to hear from my learned friends what is the course followed in other courts in different states. Please enlighten.  

Vikas Dharmendra (Consultant)     19 September 2016

Learned Experts,

I want one clarification regarding https://lawmin.nic.in/la/subord/notaryrules.htm

please refer below text.

In Section 3(a) magistrat is a Executive Magistrate or Judicial Magistrate?

4.  Application for appointment as a notary

(1)                               A  person  may  make  an application for appointment as a notary (hereinafter called "the applicant") in the form of a  memorial addressed to such officer or authority (hereinafter referred to as the "competent   authority")   of   the  appropriate  government  as  that government may, by notification in the Official Gazette, designate  in this behalf.

(2)                               The  memorial  shall  be drawn by a person referred to in clause (a) of rule 3 in  accordance  with  Form  I  and  by  a  person referred to in clauses (b) and (c) of the said rule in accordance with Form II.

(3)                               The memorial of a person referred to in clause (a) of rule 3  shall  be signed by the applicant and shall be countersigned by the following persons,-

            (a)  a Magistrate,

            (b)  a manager of a nationalised bank;

            (c) a merchant; and

                     (d) two prominent inhabitants of the local  area  within  which the applicant intends to practise as a notary

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