Commissioner for Oaths Declaration (India)
Oaths Act 1969 — Sworn Declaration before Commissioner for Oaths
DECLARATION
Made before a Commissioner for Oaths
Oaths Act 1969, India
For: [Declaration Purpose]
I, [Deponent Name], son/daughter/wife of [Father's Name], aged [Deponent Age] years, [Nationality] national, [Occupation], residing at [Deponent Address], identified by [Identity Document] No. [Document Number], do solemnly and sincerely declare as follows:
SUBJECT MATTER: [Subject Matter]
DECLARATIONS:
[Declaration Statements]
And I make this solemn declaration conscientiously believing the same to be true, by virtue of the provisions of the Oaths Act 1969.
COMMISSIONER FOR OATHS CERTIFICATE
DECLARED at [Place of Declaration] on [Declaration Date] before me,
by [Deponent Name], who is personally known to me / identified to my satisfaction by [Identity Document] No. [Document Number],
and who signed / made their mark in my presence.
Commissioner for Oaths: [Commissioner Name]
Appointment: [Commissioner Appointment]
Seal:
Date: [Declaration Date]
Place: [Place of Declaration]
Deponent
________________
Signature
Commissioner for Oaths (with Seal and Appointment Details)
________________
Signature
What Is a Commissioner for Oaths Declaration (India)?
A Commissioner for Oaths Declaration in India provides a signed declaration of the matters it covers, creating a record the recipient can rely on.
The legal framework governing the Commissioner for Oaths Declaration (India) in India draws on several key statutes and regulatory bodies. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Parties executing a Commissioner for Oaths Declaration (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Oaths Act, 1969 sets the foundational requirements.
When Do You Need a Commissioner for Oaths Declaration (India)?
A Commissioner for Oaths Declaration is required in several specific contexts. For documents intended for use in foreign legal proceedings — particularly in courts in the United Kingdom, Ireland, Australia, Canada, New Zealand, and other common law jurisdictions that use the term 'Commissioner for Oaths' — the evidence or sworn statement required from an Indian deponent must be made before a Commissioner for Oaths. Applications to foreign immigration authorities, embassies, and consulates for visas, residency, and citizenship sometimes require declarations before a Commissioner for Oaths rather than (or in addition to) a notarised affidavit. Applications under Letters Rogatory or Letters of Request from foreign courts seeking evidence from witnesses in India may require evidence to be taken before a Commissioner for Oaths. In the context of the Bombay High Court's Original Side jurisdiction, several types of proceedings require affidavits to be sworn before a High Court-appointed Commissioner for Oaths rather than a Notary Public. For international commercial arbitration proceedings (under ICC, LCIA, SIAC, or UNCITRAL rules) where the deponent is in India and the proceeding is administered abroad, declarations before a Commissioner for Oaths may be required. For India-to-UK probate matters, where an Indian beneficiary needs to make declarations regarding their identity, relationship to the deceased, and entitlement to the estate, a Commissioner for Oaths Declaration with apostille is the standard form.
Parties in India should prepare a Commissioner for Oaths Declaration (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Commissioner for Oaths Declaration (India)
A Commissioner for Oaths Declaration in India should contain: the full name, age, address, and occupation of the deponent; the capacity in which the deponent is making the declaration (e.g., as the sole proprietor of a business, as the executor of an estate, as a director of a company, or as a private individual); the substance of the declaration — the facts being declared — in clear, numbered paragraphs; a solemn declaration clause in the following or similar form: 'I, [name], do solemnly, sincerely, and truly declare and affirm that the contents of this my declaration are true and correct' — or, where an oath is preferred, 'I, [name], do swear by [appropriate oath] that the contents of this my declaration are true'; the purpose for which the declaration is being made — whether for use in a specific court, regulatory body, or foreign jurisdiction; the date and place of execution; the deponent's signature; the Commissioner for Oaths' certificate in the form: 'Declared before me at [place] on [date] by the abovenamed [deponent], who is personally known to me / identified by [document]'; the Commissioner's signature, full name, and designation; the Commissioner's seal and appointment details (appointed by the High Court of [name] under [rules]); and where applicable, the stamp paper details and court fee. For documents intended for apostille, the signature and seal of the Commissioner must be in a form capable of authentication by the state government before apostille by the MEA.
Additional compliance elements for a Commissioner for Oaths Declaration (India) used in India include: In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Forms-legal.com provides this template as a starting point for India-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Commissioner for Oaths Declaration (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/government/notarized/commissioner-for-oaths-declaration-india
"Commissioner for Oaths Declaration (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/government/notarized/commissioner-for-oaths-declaration-india.
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author = {{Forms Legal}},
title = {Commissioner for Oaths Declaration (India) (India)},
year = {2026},
howpublished = {\url{https://forms-legal.com/india/government/notarized/commissioner-for-oaths-declaration-india}},
note = {Free legal document template. Based on Oaths Act, 1969}
}
Frequently Asked Questions
A Commissioner for Oaths in India is a person appointed by the High Court of a state or by the Supreme Court with authority to administer oaths and take affidavits and declarations from persons who are required to make sworn statements for use in judicial or official proceedings. The primary legislation governing the administration of oaths in India is the Oaths Act 1969, which replaced the earlier Oaths Act 1873. Under Section 6 of the Oaths Act 1969, oaths and affirmations may be administered by courts and persons empowered to administer oaths — including Magistrates, Judges, Notaries Public (under the Notaries Act 1952), Commissioners for Oaths, and other officers authorised by law. The Commissioner for Oaths derives authority from the relevant High Court Rules — for example, in the High Court of Bombay, Commissioners for Oaths are appointed under the Bombay High Court (Original Side) Rules to take affidavits and declarations for use in the Original Side proceedings. In practice, the terms 'Notary Public' and 'Commissioner for Oaths' are sometimes used interchangeably in India, though they are distinct designations — a Notary Public is appointed under the Notaries Act 1952 by the Central Government and has wider powers including certifying copies and noting protests on bills of exchange; a Commissioner for Oaths is appointed by the High Court with narrower powers limited to administering oaths and taking sworn statements.
In India, the practical distinction between a Commissioner for Oaths Declaration and a Notarised Affidavit is important for certain specific purposes. A Notarised Affidavit executed before a Notary Public under the Notaries Act 1952 is the most commonly used sworn statement for domestic purposes — government applications, bank transactions, educational institutions, employment, and local court proceedings. A Commissioner for Oaths Declaration, on the other hand, is specifically required in several international and High Court contexts: proceedings before the Original Side of High Courts (such as the Bombay High Court Original Side, where commissioners for oaths are specifically appointed for Original Side matters); documents required for use in foreign courts and legal proceedings, where the foreign jurisdiction specifically requires a declaration before a 'Commissioner for Oaths' (which is a designation used in England and Wales, Ireland, and other common law jurisdictions); applications to foreign consulates and embassies where the prescribed form requires a declaration before a Commissioner for Oaths; and declarations required under certain Indian regulations for foreign exchange transactions, export-import matters, and other regulatory filings. For documents intended for use in the United Kingdom, Ireland, Australia, or other Commonwealth countries that use the Commissioner for Oaths designation, an Indian Commissioner for Oaths provides the closest equivalent.
The Apostille is a form of authentication used between countries that are parties to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. India acceded to this Convention in February 2005, and since then, Indian public documents (including declarations made before Commissioners for Oaths, Notaries, and other public officers) can be authenticated for use in member countries by obtaining an Apostille stamp from the Ministry of External Affairs (MEA) of India, without the need for further legalisation by the consulate or embassy of the destination country. The Apostille process in India involves two steps: first, the document must be authenticated by the relevant state authority (typically the Home Department of the State Government or the Chamber of Commerce for commercial documents) or the MEA directly (for documents issued by central government authorities); second, the MEA affixes the Apostille stamp on the authenticated document. The Apostille confirms the authenticity of the signature, seal, and capacity of the official who executed or certified the document — it does not validate the content of the document. For a Commissioner for Oaths Declaration intended for use in an Apostille-convention country, the typical process is: execute the declaration before a Commissioner for Oaths or Notary Public; get the declaration authenticated by the state Home Department; then get the Apostille from the MEA.
A Commissioner for Oaths Declaration (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Oaths Act, 1969 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The civil and criminal courts of competent jurisdiction in India deal with disputes or offences arising in connection with this type of document. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Commissioner for Oaths Declaration (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, the Oaths Act, 1969 applies, and parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Forms-legal.com provides this template as a starting point for India-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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