Enacted on 9th August 1952, the Notaries Act, 1952, was introduced to standardize and regulate the profession of notaries in India, replacing the fragmented system under the Negotiable Instruments Act, 1881, and colonial-era practices. Prior to this, notaries were appointed haphazardly, with some even certified by the Master of Faculties in England. The Act aimed to:
Centralize authority by empowering the Central and State Governments to appoint qualified notaries.
Ensure uniformity in notarial practices across India.
Modernize functions to align with post-independence legal needs, including cross-border document authentication.
Key amendments in 1968, 1983, and 1999 expanded the Act’s scope, such as:
Extending applicability to Jammu & Kashmir (1968) and Union Territories.
Introducing five-year renewable certificates (1999) instead of three-year terms.
Adding roles like arbitration and evidence recording (1999).
Varied State Rules: Differences in State-level implementation can lead to inconsistencies.
Limited Awareness: Many citizens remain unaware of notaries’ expanded roles (e.g., mediation).
The Notaries Act, 1952, remains a cornerstone of India’s legal infrastructure, ensuring the authenticity of critical documents and fostering trust in commercial and personal transactions. Its evolution through amendments reflects India’s commitment to modernizing legal professions while retaining rigor in appointments and accountability. As globalization increases, the Act’s provisions for reciprocal recognition and diverse notarial functions will grow in relevance.