Functions of notaries
Section 8 of the Notaries Act, 1952 deals with functions of notaries. 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; The Act came into force on 14 Feb 1956.
(1) 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 or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (26 of 1881), or serve notice of such note or protest;
(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 in such form and language as may conform to the law of the place where such deed is intended to operate;
(h) translate, and verify the translation of, any document from one language into another;
1 [(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;
(hb) act as an arbitrator, mediator or conciliator, if so required;]
(i) any other act which may be prescribed.
(2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.
Section 8, The Notaries Act, 1952 (Act 53 of 1952).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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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Pravat Kumar Pradhan v. Government of Odisha
Court's Decision & Legal Precedent
Removal of a notary’s name under Notaries Act s.10(d) for professional misconduct requires a prescribed inquiry and a sustainable finding that the conduct renders the person unfit to practise; where the inquiry/report misconstrues notarial functions and Rule 13 procedure is not properly followed, the s.10 removal order is liable to be quashed.
On this section: s.8 — Functions of notaries; s.8(1)(a) attestation/authentication of instruments
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.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 8
What have the courts held on Section 8 of the Notaries Act?
Pravat Kumar Pradhan v. Government of Odisha (21 Jun 2023) is the leading judgment on this section among those set out below: s.8 — Functions of notaries; s.8(1)(a) attestation/authentication of instruments.
How do I find court cases under Section 8 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 8, section 8 Notaries Act 1952, section 8 of the Notaries Act. 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 Pravat Kumar Pradhan v. Government of Odisha (21 Jun 2023).
What should I read with Section 8 of the Notaries Act, and has it changed?
1 other provision in this corpus refers back to it. 2 instruments name it without being made under it, most recently Notification dated 20-12-1999 conferred by The Notaries Act, 1952 (1999), then The Notaries Rules, 1956 (1956).
When did Section 8 of the Notaries Act come into force?
Section 8 of the Notaries Act, cited as Notaries Act 1952 8, 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
- 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
- 14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries89 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 15 Oct 2026. This page is not a substitute for legal advice.