Who is the oath commissioner & which statute defines it?

Querist : Anonymous (Querist) 25 May 2021 This query is : Resolved
It has come to my notice that there is a reference to an authority called “Oath Commissioner” in many statutes.

The experts may kindly tell me who the oath commissioner is.

And if possible, which is the law that defines the authority “Oath Commissioner”?

Thank you all in advance.

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Sankaranarayanan (Expert) 25 May 2021
Commissioner of Oath or the oath commissioner is the person authorized under state or provincial legislation to witness and administer the affirmations or oaths in the taking of an affidavit for any legal matter. An oath commissioner is also empowered to witness any declaration as made under a statute

T. Kalaiselvan, Advocate (Expert) 25 May 2021
An oath commissioner is appointed by the Registrar of respective High Court under whose jurisdiction the appointment is to be made.
An oath commissioner’s job is to attest only those affidavits which are to be presented in the court in judicial proceedings.
Indian Oaths Act which came into force in 1969 by repealing the old act of 1873. It contains 9 Sections which deal with the commission and administration of oaths by oath commissioners by empowering the Courts and persons for the task of administration.
Any person enrolled as an advocate with bar council of India having more than two years of practice and less then three is eligible for appointment as an oath commissioner.
The post of oath commissioner is commissioned under section 139 of Civil Procedure Code, section 297 of the Criminal Procedure Code and under section 3 of the Indian Oaths Act. He is responsible for attesting affidavits for judicial proceedings only. An affidavit which is to be filed before an administrative or an executive authority cannot be attested by an oath commissioner.
Oath commissioners are required to maintain the following information in their diary:
Date and the serial number of the affidavit.
The case number for which affidavit is being attested.
Name of the deponent (the person making the affidavit)
Name of father/mother of the deponent.
Address of the person deponent (as per the affidavit)
Name of the person who identifies the deponent
Signature of the deponent along with the address of the person identifying the deponent (in some cases).

Querist : Anonymous (Querist) 25 May 2021
Thank you so much Adv Kalaiselvan for the above detailed and specific answer mentioning the statutes as well.

Your answer would definitely dispel all the doubts one would have on the topic. Such answers would elevate the status of this forum to a great extent.

P. Venu (Expert) 26 May 2021
Primarily, the duty of the Oath Commissioners is to administer Oath to the deponent, which they seldom do!

T. Kalaiselvan, Advocate (Expert) 26 May 2021
You are welcome for your appreciations.

Dr J C Vashista (Expert) 28 May 2021
Well advised by expert Mr. T Kalaiselvan.

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