If you are stuck in such a situation, here is what to do.

A student, Mr. Arnav, recently completed his graduation in June 2026 from the National Institute of Advanced Studies, located in Panipat. He has an opportunity to pursue a Master’s degree abroad and, as part of the process, needs to obtain his degree certificate from the university earlier than the standard issuance date. The university has requested an affidavit to process this request for an “Early Degree Certificate.”

Mr. Arnav’s family resides in Bhopal, Madhya Pradesh, making him a domicile of that state. The university has provided a specific draft for the affidavit and stipulated that it must be executed on a Rs. 10 non-judicial stamp paper and be duly attested by a 1st Class Magistrate or a Sub-Divisional Magistrate (SDM). Mr. Arnav is confused about where he should get this affidavit prepared and attested—in Panipat, where his university is, or in his hometown of Bhopal.

Advice in such cases

An affidavit is a sworn statement of fact and can be legally executed at any place within India, provided it is done before a competent authority. The primary concern is fulfilling the requirements of the institution that has requested it.

• An affidavit can be made in either Panipat or Bhopal. The validity of the affidavit is not dependent on the city where it is sworn, as long as it is attested by the designated authority (a 1st Class Magistrate/SDM in this case).
• The most practical choice is often the location where you can most easily access the attesting authority. If Mr. Arnav is currently in Bhopal, it would be more convenient to complete the process there. If he is in Panipat, he can do it there.
• The process involves purchasing a non-judicial stamp paper of the specified value, printing the university-provided draft on it, and then presenting it before the Magistrate for attestation. The deponent (the person making the affidavit) must sign it in the presence of the Magistrate.
• While some online services offer to prepare and deliver affidavits, they typically only provide notarization. Attestation by a Magistrate/SDM requires the deponent’s physical presence in the Magistrate’s office. Therefore, relying on an online service for this specific requirement is not advisable.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The creation and legal standing of affidavits are primarily governed by the following laws:

• The Oaths Act, 1969: This Act consolidates and amends the law relating to judicial oaths and for certain other purposes. Section 3 empowers courts and persons having the authority to receive evidence to administer oaths and affirmations. An affidavit is a declaration made under oath.
• The Notaries Act, 1952: This Act governs the appointment and functions of Notaries. While a Notary can attest most affidavits, some institutions, like in this case, specifically require attestation by a Magistrate for a higher degree of sanctity.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Providing false information or making a false statement in an affidavit that one is legally bound by oath to state the truth is a serious offense. Such an act can be prosecuted under provisions related to giving false evidence, such as Section 231 of the BNS.

If you are the complainant

In this context, “complainant” refers to the person needing the affidavit, i.e., the student. Here are the steps to follow:

• Verify the Draft: Carefully review the affidavit draft provided by the university. Ensure all personal details and facts mentioned are accurate.
• Procure Stamp Paper: Purchase a non-judicial stamp paper of the exact value required (Rs. 10 in this case) from a licensed stamp vendor.
• Find the Attesting Authority: Locate the office of the Sub-Divisional Magistrate (SDM) or a 1st Class Magistrate in your chosen city (Bhopal or Panipat). You may need to inquire at the local district court complex.
• Attestation: Visit the Magistrate’s office with your identity proof and the printed affidavit. You will be required to sign the document in the presence of the Magistrate, who will then affix their seal and signature.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If the university or any authority is creating unnecessary hurdles or rejecting a validly executed affidavit, you can take the following steps:

• Written Communication: Seek a reason for the rejection in writing. An arbitrary refusal to accept a legally valid document can be challenged.
• Grievance Redressal: File a formal complaint with the university’s student grievance redressal cell or the office of the Registrar.
• Legal Notice: If the issue persists, you can have a lawyer send a legal notice to the university, demanding they accept the document and process your request, failing which you may pursue legal remedies.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no role in the routine process of preparing or attesting an affidavit for educational or administrative purposes. Their involvement would only be warranted if there is an allegation of a criminal offense, such as forgery of the stamp paper or the Magistrate’s signature, or if a complaint is filed regarding the submission of a false affidavit.

FAQs people normally have

• Can an affidavit made in Bhopal be used in Panipat?
  Yes. An affidavit attested by a competent authority in Bhopal is legally valid throughout India and can be submitted to the university in Panipat.
• Why does the university ask for attestation by a Magistrate and not a Notary?
  Attestation by a Judicial or Executive Magistrate is often perceived as carrying more weight and authenticity than a notary attestation. Institutions ask for it for critical documents to ensure a higher level of verification.
• Are online affidavit services a good option?
  For simple, notarized affidavits, they can be convenient. However, for a requirement as specific as attestation by a 1st Class Magistrate/SDM, it is essential to complete the process in person, as it requires physical verification and signing before the said official.

What evidence is required?

To get the affidavit attested by a Magistrate, you will typically need to present the following:

• The Affidavit: The final draft printed on the non-judicial stamp paper.
• Proof of Identity: A government-issued photo ID like an Aadhaar Card, Passport, or Driver’s License.
• Proof of Address: An address proof document, which could be the same as your ID proof.
• Passport-sized photographs: It is advisable to carry a couple of recent photographs, as they may be required to be affixed to the affidavit.

How long will the process take?

This is not an investigation and is a straightforward administrative process. The time taken can vary:

• Preparation: Purchasing stamp paper and printing the affidavit can be done within an hour.
• Attestation: The time taken at the Magistrate’s office depends entirely on their availability. It could take anywhere from 30 minutes to a few hours. It is best to visit the office during the first half of the working day to ensure the work is completed on the same day.

Advocate Sudhir Rao, Supreme Court of India