Does attestation from a consulate hold the same value as that of an embassy?
Decoding the Equivalence: Attestation from Consulate vs. Embassy
Firstly, it is extremely important to understand the 3 terms in the title: embassy, consulate and attestation.
I find that many individuals often use the terms "embassy" and "consulate" interchangeably. However, these two diplomatic entities have distinct roles and functions within the realm of international relations. Let us first delve into the intricacies of embassies and consulates, shedding light on their differences and helping you grasp their unique roles in diplomatic affairs.
Defining Embassies: Embassies serve as the official representation of a country in another sovereign state. They are typically located in the capital city of the host country and act as the primary point of contact between the sending and receiving states. Embassies serve diplomatic, political, economic, and cultural purposes, facilitating communication and fostering relations between nations.
Unveiling Consulates: Consulates, on the other hand, are subordinate offices of an embassy and are established in various cities within the host country. Their primary function is to provide consular services and assistance to citizens of the sending state residing or traveling in the host country. Consulates handle a wide range of tasks, including issuing visas, assisting with passport matters, offering support during emergencies, and promoting trade and investment between the two countries.
Decoding Attestation: Attestation refers to the act of verifying or confirming the authenticity, accuracy, or truthfulness of a document, statement, or fact. It involves the process of obtaining an official seal, signature, or endorsement from an authorized authority to validate the validity and credibility of the document or information. Attestation serves as a formal declaration by a recognized entity that the document or statement is genuine and accurate to the best of their knowledge.
Embassies and consulates often play a significant role in the attestation process, especially when it involves documents related to international affairs or transactions. While embassies and consulates have distinct roles, they both frequently provide attestation services to their respective citizens or residents.
So can Indian Consulates attest documents and do they hold the same value as that of an Embassy?
A. The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 provides for:
i. Definition of Consular Office under Section 2(a)
"Consular Officer" includes consul general, consul, vice-consul, consular agent, pro-consul and any other person authorized to perform the duties of consul-general, consul, vice-consul or consular agent.
ii. Powers as to oaths and notarial acts abroad under Section 3
(1) Every diplomatic or consular officer may, in any foreign country or place where he is exercising his functions administer any oath and take any affidavit and also do any notarial act which any notary public may do within a State and every oath, affidavit and notarial act administered, sworn, or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in a State.
(2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person authorized by this Act to administer an oath in testimony of any oath, affidavit or act, being administered, taken or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person
B. Consular Services in accordance to the Ministry of External Affairs
Attestation of documents:
The Consular Section of the Embassy performs notary duties by way of attesting documents. Generally attested documents:
- civil documents
- affidavits/documents pertaining to sale, purchase, power of attorney, mortgage, transfer, gift etc. of real estate or moveable properties
- pension papers, life certificates etc. pertaining to pensioners
- affixing Consular Officers signature and seal, if required, for declarations of pay or pension
- https://eoi.gov.in/eoisearch/MyPrint.php?3975?001/0010
C. Cases where the same has been held
i) Udayan Dutt v. Deepak Virmani and Ors. (20.01.2022 - RERA Himachal Pradesh) : MANU/RR/0003/2022
“ 30. The Authority has gone through the contentions on behalf of both the parties and also perused the record. Any resident of India residing abroad shall for the purpose of execution of power of Attorney prepare it on stamp paper or plain paper. The Stamp duty should be paid in India within three months of receipt in India as applicable in the state where it is to be submitted. After affixing photographs it shall be signed by the executor and attested by witnesses in front of official of Indian Embassy/Consulate/High Commission in that country where the POA executant/maker resides. The official will also attest the signature of POA executants/maker. Section 3 of The Diplomatic And Consular Officers (Oaths And Fees) Act, 1948 reads as under
…
31. Therefore from the above it is certain that if a power of attorney has been signed by the executor and witnesses and it bears the seal and signature of diplomatic or consular officer it is sufficient proof of its execution.”
ii) Thangaraj vs. M.G. Ramachandran and Ors. (17.12.1986 - MADHC) : MANU/TN/0162/1988
“32. …
The language of the telex message is that the commission instructs the Ambassador of India or the Consulate General of India at New York as the case may be to authorise one of Indian Medical Practitioner attending on him to administer the oath or affirmation to Shri M. G. Ramachandran' It is, therefore, possible 'to hold that the Commission was merely referring to para. 2(d), taken in the context of the earlier wording of the telex, and not making a special authorisation. Hence, I conclude that the compliance with para. 2(d) of the Notification S.O. 1111 dt. 18th Mar., 1968 is perfectly legal and valid.
…”
In conclusion, understanding the distinction between embassies and consulates is crucial in comprehending their roles and functions within the realm of international diplomacy. Embassies serve as the primary diplomatic missions of a sending state and play a significant role in representing their country's interests, engaging in diplomatic negotiations, and fostering bilateral relations. Consulates, on the other hand, focus on providing consular services and assistance to their citizens residing or traveling abroad, offering support during emergencies and facilitating trade and investment activities.
When it comes to attestation, both embassies and consulates often play a pivotal role. They have the authority to verify the authenticity of documents and provide attestation, which serves as an official declaration of the document's validity. Whether it is attesting educational certificates, legal documents, or other important papers, individuals can seek attestation from the embassy or consulate of their country to fulfill legal requirements and ensure the acceptance of documents in international transactions.
It is important to note that the specific attestation processes, requirements, and fees may vary depending on the policies and regulations of the sending state, the host country, and the authority responsible for attestation. Individuals seeking attestation should consult their embassy or consulate for accurate information and guidance regarding the attestation process.
Overall, embassies and consulates play distinct yet interconnected roles in international affairs, contributing to diplomatic relations, consular services, and the attestation of vital documents. Understanding these differences and their significance is essential for individuals involved in international transactions, legal matters, or cross-border activities.
Insightful article. Thank you for sharing.