Cognizance of offence
Section 13 of the Notaries Act, 1952 deals with cognizance of offence. No Court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf. The Act came into force on 14 Feb 1956.
(1) No Court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf.
(2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try an offence punishable under this Act.
Section 13, The Notaries Act, 1952 (Act 53 of 1952).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bramhadev R. Dube v. State of Maharashtra
Court's Decision & Legal Precedent
HC Final Order order-2.pdf 2013-09-02 DATE VERIFIED (Tahaliyani J.). Notaries Act s.13 bars cognizance of an offence by a notary in the exercise or purported exercise of his functions save on a written complaint by an authorised officer. Forgery/cheating charges against a notary who attested a power of attorney on an identifying advocate's word, without mens rea, fall within purported exercise; proceedings quashed. Do not pad IPC 420/465/468.
On this section: s.13 bars cognizance of an offence by a notary in the exercise or purported exercise of his functions save on a written complaint by an authorised officer. IPC forgery charges for attesting a power of attorney on an identifying advocate's word, without mens rea, fall within purported exercise (Bramhadev Dube, Bom HC).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 13
What have the courts held on Section 13 of the Notaries Act?
Bramhadev R. Dube v. State of Maharashtra (02 Sep 2013) is the leading judgment on this section among those set out below: s.13 bars cognizance of an offence by a notary in the exercise or purported exercise of his functions save on a written complaint by an authorised officer. IPC forgery charges for attesting a power of attorney on an identifying advocate's word, without mens rea, fall within purported exercise (Bramhadev Dube, Bom HC).
How do I find court cases under Section 13 of the Notaries Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Notaries Act 1952 13, section 13 Notaries Act 1952, section 13 of the Notaries Act. People searching for it also type notary act 13. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bramhadev R. Dube v. State of Maharashtra (02 Sep 2013).
When did Section 13 of the Notaries Act come into force?
Section 13 of the Notaries Act, cited as Notaries Act 1952 13, came into force on 14 Feb 1956, having been enacted on 09 Aug 1952. It is in force as at the date shown on this page.
Other sections of this Act
- 15. Power to make rules374 words
- 8. Functions of notaries257 words
- 2. Definitions196 words
- 9. Bar of practice without certificate149 words
- 10. Removal of names from Register112 words
- 5. Entry of names in the Register and issue or renewal of certificates of practice105 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.