Jurat
A jurat is the certification clause at the end of an affidavit or sworn statement that records when, where, and before whom the oath or affirmation was administered.
What is a Jurat?
A **jurat** is the official **certification clause** appended at the end of an affidavit or sworn statement. It records the essential details of the oath-taking ceremony — specifically **when** (the date), **where** (the place), and **before whom** (the authority administering the oath) the deponent swore or affirmed the truth of the statements in the affidavit.
In simple terms, when you sign an affidavit before a notary public or oath commissioner, they stamp and sign a note at the bottom (or on the back) of the document that says something like: "Sworn before me on this 15th day of March, 2026, at Mumbai." That note is the jurat. It is the official proof that the affidavit was properly sworn, making it a valid legal document.
Legal Framework
The requirements for a jurat are governed by the **Oaths Act, 1969**, the **Notaries Act, 1952**, the **Code of Civil Procedure, 1908**, and various High Court rules.
Key Legal Provisions
- **Oaths Act, 1969 (Section 4):** Specifies the persons empowered to administer oaths — these include courts, persons authorised by courts, notaries public, and oath commissioners.
- **Oaths Act, 1969 (Section 5):** Describes how oaths are to be administered — the person may either take an oath invoking God or make a solemn affirmation.
- **Oaths Act, 1969 (Section 7):** An affidavit made outside India may be made before a diplomatic or consular officer or any person authorised to administer oaths in the country concerned.
- **Order XIX Rule 1 CPC:** Provides for evidence by affidavit in any suit, with leave of the court.
- **Order XIX Rule 3 CPC:** An affidavit shall be confined to facts within the personal knowledge of the deponent, except on interlocutory applications where statements based on information and belief may be admitted with the source disclosed.
- **Notaries Act, 1952 (Section 8):** Functions of notaries include administering oaths and taking affidavits.
Who Can Administer the Oath?
The following persons are authorised to administer oaths and certify the jurat:
1. **Judges and Magistrates** — all courts are empowered under the Oaths Act.
2. **Notary Public** — appointed under the Notaries Act, 1952.
3. **Oath Commissioner** — appointed by the High Court under its rules. These are typically advocates authorised to administer oaths for affidavits.
4. **Commissioner for taking affidavits** — appointed under Section 139 CPC.
5. **Indian consular officers** — for affidavits made abroad under Section 7 of the Oaths Act.
Components of a Valid Jurat
A proper jurat must contain the following essential elements:
1. Identification of the Deponent
The jurat must identify the person who has sworn the affidavit. This is typically done by recording the deponent's name and confirming that the person who appeared before the authority is the same person who signed the affidavit.
2. Date of Swearing
The exact date on which the oath or affirmation was administered. This is critical because the affidavit speaks from the date of the jurat. An undated jurat renders the affidavit defective.
3. Place of Swearing
The location (city or town) where the oath was taken. This establishes the territorial jurisdiction of the authority administering the oath.
4. Nature of Oath
Whether the deponent took an **oath** (religious, invoking God) or made a **solemn affirmation** (secular, without invoking God). Under Section 5 of the Oaths Act, every person has the right to choose between an oath and an affirmation.
5. Identification of the Administering Authority
The name, designation, and seal of the person before whom the oath was taken — such as "Before me, [Name], Notary Public, Mumbai."
6. Signature and Seal
The signature of the authority administering the oath and their official seal or stamp.
Typical Jurat Format
A standard jurat reads:
"Sworn/Affirmed before me on this [date] day of [month], [year], at [place], by the deponent who is identified by [method of identification]. The deponent has signed/thumb-impressed in my presence after the contents were read over and explained to him/her."
Followed by the signature, name, designation, and seal of the administering authority.
When Does This Term Matter?
Filing Affidavits in Court
Every affidavit filed in any court in India must bear a valid jurat. An affidavit without a jurat, or with a defective jurat (missing date, place, or authority's signature), may be **rejected** by the court. The Delhi High Court in **Surjit Singh v. Government of NCT of Delhi (2009)** held that an affidavit without a proper jurat is not a valid affidavit and cannot be relied upon.
Notarised Documents
Many legal documents — property agreements, power of attorney declarations, statutory declarations, immigration documents — require notarisation. The jurat on these documents confirms that the signatory appeared before the notary, was identified, and swore to the truth of the contents.
Verification of Pleadings
Under **Order VI Rule 15 CPC**, pleadings (plaint, written statement) must be verified by an affidavit. The jurat on the verification affidavit confirms compliance with this requirement.
Real Estate Transactions
Affidavits used in property transactions — such as affidavits of no encumbrance, affidavits of identity, and affidavits for mutation — all require valid jurats. Defective jurats can cause rejection of documents by the Sub-Registrar's office or revenue authorities.
Common Defects in Jurats
Courts frequently encounter defective jurats, which can render affidavits invalid:
- **Missing date:** The jurat does not state when the oath was administered.
- **Missing place:** The location of swearing is not mentioned.
- **No identification:** The authority did not verify or record the identity of the deponent.
- **Stale affidavit:** The jurat date is too old — some courts require affidavits to be sworn within a recent period (often within three to six months).
- **Authority not competent:** The person who administered the oath was not authorised to do so in that jurisdiction.
- **Missing seal:** The official seal of the notary or oath commissioner is absent.
- **Blanket jurat:** A jurat that does not specify the details of the specific document being sworn.
Practical Significance
- **Validity of affidavits:** A defective jurat can render the entire affidavit inadmissible. Courts regularly reject affidavits with improper jurats.
- **Perjury connection:** The jurat establishes that the deponent was warned of the consequences of making a false statement under oath. This is the foundation for perjury proceedings if the contents are found to be false.
- **Date is determinative:** The date on the jurat determines when the affidavit was sworn. Facts stated in the affidavit are understood to be true as of that date.
- **Cannot be backdated:** Backdating a jurat is illegal and constitutes fraud. The oath must actually be administered on the date stated.
- **Electronic affidavits:** With increasing digitisation, some courts accept electronically filed affidavits, but the jurat requirements remain — the oath must still be administered by an authorised person.
Frequently Asked Questions
What happens if an affidavit does not have a jurat?
An affidavit without a jurat is technically **not a valid affidavit** — it is merely a written statement without the sanctity of an oath. Courts may reject such affidavits or allow the party to cure the defect by filing a fresh affidavit with a proper jurat. In some cases, courts may accept affidavits with minor jurat defects if no prejudice is caused.
Can a lawyer administer the oath and sign the jurat?
An ordinary advocate cannot administer oaths unless they have been specifically appointed as a **Commissioner for taking affidavits** or **Oath Commissioner** by the High Court. Notaries Public (who are often also advocates) can administer oaths under the Notaries Act. Only persons authorised under the Oaths Act or CPC can validly administer the oath and sign the jurat.
Is a jurat the same as notarisation?
Not exactly. A jurat is specifically the **certification of the oath-taking** on an affidavit or sworn statement. Notarisation is a broader concept that includes various functions of a notary public — administering oaths (jurat), authenticating documents, attesting signatures, and certifying copies. A jurat is one specific function that a notary performs when certifying an affidavit.
Can I swear an affidavit in one city for use in a court in another city?
Yes. An affidavit properly sworn before a competent authority in one city is valid for use in any court across India, unless the court's rules specifically require that the affidavit be sworn within its jurisdiction. Under the Oaths Act, a notary public or oath commissioner appointed by any High Court can administer an oath that is valid nationwide.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
Affidavit
An affidavit is a written statement of facts made voluntarily and confirmed by oath or affirmation before a person authorized to administer oaths, used as evidence in legal proceedings.
Perjury
Perjury is the criminal offence of intentionally giving false evidence or making a false statement under oath in a judicial proceeding, punishable under Sections 191-193 of the IPC (Sections 229-232 of the BNS).
Deposition
A deposition is a formal statement of evidence given by a witness under oath or affirmation, recorded in writing, typically before a court, commission, or authorised officer, for use in legal proceedings.
Vakalatnama
A vakalatnama is a formal document of authority executed by a litigant authorizing an advocate to appear, plead, and act on their behalf in court proceedings.