Oath Commissioner vs Notary Public: Which One Do You Need?

Oath Commissioner Vs Notary Public – SK Document Centre

Short answer: An oath commissioner is appointed by a High Court or District Judge to administer oaths on affidavits, mainly for use in court. A notary public is appointed by the government under the Notaries Act, 1952 and can attest affidavits, agreements, powers of attorney and true copies for almost any purpose. If your affidavit is for a court case, an oath commissioner is fine. For everything else, use a notary.

If you searched for an oath commissioner near me, you probably have an affidavit to get attested. Before you go, check whether you need an oath commissioner at all, or whether a notary is the better choice.

Who is an oath commissioner?

An oath commissioner is usually an advocate appointed by the High Court or District Court to administer oaths and affirmations to people making affidavits. Their role is focused on affidavits for judicial proceedings, and they typically work from the court complex.

Who is a notary public?

A notary public is appointed by the Central or State Government. Notaries can attest affidavits and also notarise agreements, powers of attorney, declarations and true copies, and their documents are the usual first step for documents going abroad. See what a notary public does.

Side-by-side comparison

	Oath commissioner	Notary public
Appointed by	High Court / District Judge	Central or State Government
Main use	Affidavits for courts	Affidavits, agreements, POA, true copies
True copies	Not their usual role	Yes
Documents for abroad	Not usually	Yes, as the first step
Where	Usually in court complexes	Notary offices and legal desks

Which one should you use?

Court case affidavit: oath commissioner or notary, as the court allows.
Bank, university, passport, employer or government office: notary, unless the form names another officer.
Form says “magistrate”: you need an executive or first class magistrate.
Document for abroad: notary, followed by state and MEA attestation.

Not sure which officer your form needs? Send a photo of the document or the instruction you received on WhatsApp or call +91 93109 70010. We tell you the exact process, time and charges before you spend anything.

Frequently asked questions

Is an oath commissioner the same as a notary?

No. An oath commissioner mainly attests affidavits for courts. A notary can attest affidavits and many other documents.

Can an oath commissioner attest an affidavit for a bank?

Some offices accept it, but a notary is the safer choice for non-court use.

Where do I find an oath commissioner?

Usually at district court complexes. For non-court affidavits, a notary desk is easier.

Can a notary attest a court affidavit?

Courts often accept notarised affidavits, but check the court’s rules.