Allahabad High Court Fixes Maximum Photo-Affidavit Fee at ₹125; Upholds Validity of Notarized Affidavits

In a significant move towards de-cluttering court proceedings and expanding access to justice, the Allahabad High Court has held that the fee for photo identification of affidavits cannot be more than ₹125. At the same time, it made it clear that affidavits taken on oath before Public Notaries under the Notaries Act, 1952 have to be accepted by court registries, putting an end to endemic procedural issues faced by litigants.

✖

The verdict, given by Justice Ajit Kumar, responds to two age-old issues—unregulated over-pricing of affidavit authentication and refusal to accept notarized affidavits—both of which had emerged as obstacles to speedy and inexpensive justice.

Background

The court took suo motu cognizance of reports and representations highlighting that Bar Associations and private photo centers were charging up to ₹500 for affixing a photo ID during the affidavit process . This charge easily crossed the ₹125 threshold imposed by the High Court’s Administrative Memorandum of 9 August 2023.

In addition, registries in the Allahabad and Lucknow benches had habitually rejected affidavits executed under the Notaries Act, 1952, instead demanding affidavits sworn exclusively before Oath Commissioners in the High Court. This practice was not only statutorily unsupported but also caused significant inconvenience to litigants from rural or far-flung areas.

What the Court Held

₹125 is the Maximum Permissible Fee

Justice Ajit Kumar held unequivocally that no one, including Bar Associations or private agencies, is authorized to charge more than ₹125 for photo identification on affidavits. He observed:

“No entity shall charge any amount exceeding ₹125. Any extra charge is a clear violation of administrative guidelines and shall attract contempt proceedings.”

He also directed that any deviation from this mandate would invite strict legal action, warning Bar Associations and private operators to refrain from unauthorized profiteering in the name of affidavit filing.

Notarized Affidavits Are Valid and Must Be Accepted

The court also ruled that affidavits sworn before a public notary, as empowered by the Notaries Act, are legally valid and must be accepted by court registries. He emphasized that:

“There is no legal bar under law for accepting affidavits attested by a duly appointed Notary. The practice of rejecting such affidavits by court staff or treating them as defective is impermissible.”

This decision brings relief to countless litigants who had to travel to High Court oath centers merely to file an affidavit, even when a local notary was available.

Court’s Rebuke to the Registry

In a sharp critique of procedural red tape, the Court observed that the High Court registry had devised a list of 272 grounds for rejecting or objecting to affidavits. These grounds, the Court held, had no legal basis and only served to delay justice and harass litigants.

Justice Kumar noted:

“These registry practices are administrative in nature and must be in consonance with statutory laws. An affidavit valid under the Notaries Act cannot be rejected merely because it was not sworn before an Oath Commissioner.”

Technological Reforms Proposed

In a drawing, with the Kerala High Court that has implemented email and OTP-based affidavit attestation, the Court proposed that Uttar Pradesh can also benefit from such digitization to streamline the delivery process of justice and make it more accessible.

It urged the High Court administration to look into secure digital processes and review procedures in accordance with contemporary judicial infrastructure and ease-of-access principles.

Why This Matters

• It is a landmark in procedural reform especially in a state like Uttar Pradesh where access to justice is usually hampered by geographical, financial, and official problems
• Relief on costs: Litigants save ₹400 from not being overcharged on affidavit-related photo IDs.
• Legal Clarity: Affidavits notarized under a central statute (Notaries Act) are now unquestionably valid in court.

• Reduced Harassment: Eliminates bureaucratic barriers caused by outdated or unauthorized registry objections.
• Judicial Accountability: Bar Associations and registry officials are under scrutiny to follow transparent and lawful practices.

Looking Ahead

The Allahabad High Court’s judgment sets a precedent not only for fee regulation and affidavit legitimacy but also for improving transparency and efficiency within judicial administrative processes. It makes a firm point that technicalities of the law must not be employed as harassment tools, particularly against individuals who are pursuing justice with limited means.

By doing this, the High Court has made a forward-looking move in reaffirming the constitutional imperative of access to justice, reminding stakeholders that the courts have to be people-focused—not process-inflexible or revenue-focused.

References:

1. LawTrend: Allahabad High Court Clarifies ₹125 Fee Cap for Photo-Affidavit ID
2. LiveLaw: Allahabad HC Removes Photo Identification Charges, Accepts Notary Affidavits
3. DesiKaanoon: No Extra Fee for Photo ID Affidavits
4. Notaries Act, 1952 – Government of India Statute
5. Administrative Memorandum (Allahabad HC) dated 09.08.2023