Notary act
Shahid Ali Khan
(Querist) 31 December 2012
This query is : Resolved
Is police arrest notary public due to his notarial work
In the year 2009 two person come to me and present sale deed before me for attestation. I was affix photo of both executor and identify them with two witness but I forgot enter that document in my register and by mistake affix rong sr. no. on that document. after two year seller of that document sale again their property to another and he file FIR against them. After that FIR Police arrest both the executor then police come in my office and seize my register and singed witness summons but now police investing officer trying to arrest me as accused. Pls advice me how can I protect my self if possible then provide citation.
Thanks with regards
ajay sethi
(Expert) 01 January 2013
you are a notary . you are fully aware that details of document have to be entered in the registry . obtain signature of the parties . if you have entered wrong registration number you have to suffer .
you are aware of the law yet you have been negligent in discharge of your duties
R.K Nanda
(Expert) 01 January 2013
no more to add.
Raj Kumar Makkad
(Expert) 03 January 2013
You have raised this query for the successive third time so no reply again and again.
Shahid Ali Khan
(Querist) 05 January 2013
Thanks to all respected for advice but according to section 13 of notary act no court shall take cong. without written complaint by authorized officer by central or sate govt then how can police arrest notary for there offence during notarial work and one more thing according to govt notification notary public declare public servant so that mean he is covered bu sec 197 of CrPc also and police have no original document he have only photo copy then how can prove photo copy is authentic.
Advocate Ramesh
(Expert) 08 January 2013
All you stated and sections are correct. But without knowing these If the concern police arrest means what to do. So My advice is if you feel you will be arrested by police, then why not you take ANTICIPATERY BAIL.
Raj Kumar Makkad
(Expert) 08 January 2013
Police do come within the definition of State officer and there is no such immunity attached with Notary Public as you told,
