Notary vs Lawyer: Differences, Duties, Legal Powers and Cost Comparison in India 2026

Understanding the notary vs lawyer in India helps clarify their distinct roles. Notaries were formalized under the Notaries Act, 1952 (effective 14 February 1956), to authenticate documents and witness signatures. A notary lawyer verifies and prevents fraud in legal documents. Lawyers, regulated by the Advocates Act, 1961, advise clients, draft contracts, and represent them in court. Notaries focus on documentation, and lawyers on legal disputes. Legally, both are essential, and the cost of a notary is ₹10-₹200, while the cost of a lawyer varies by service and experience. 

Who is a Notary?

A Notary Public in India is a qualified legal professional appointed by the Central or State Government under the Notaries Act, 1952. The primary function of a notary is not to give legal advice but to act as an impartial official witness. Their main roles include attesting to the authenticity of signatures on documents, certifying copies of original documents as true, administering oaths for affidavits, and authenticating various legal and business instruments to deter fraud. [1]

Who is a Lawyer?

A lawyer, formally known as an Advocate in India, is a person who holds a law degree and is enrolled with a State Bar Council under the Advocates Act, 1961. The primary role of a lawyer is to provide legal advice and act as a representative, or advocate, for their client's interests. This involves drafting legal documents, such as contracts, representing clients in court proceedings (litigation), negotiating settlements, and providing strategic guidance on a wide range of legal issues, from family disputes to corporate law. [2]

Key Difference Between Notary and Lawyer

Understanding the key differences between an advocate and a notary helps clarify legal roles. A notary certifies and authenticates documents, while an advocate provides legal advice, drafts contracts, and represents clients in courts. 

Legal Authority & Governing Laws

In India, notaries are regulated by the Notaries Act, 1952, which authorizes them to authenticate, certify, and witness documents. Lawyers are governed by the Advocates Act 1961, which allows them to give legal advice, draft contracts, and represent clients in court. Both professionals follow strict rules and regulations to ensure legal compliance, prevent fraud, and protect individuals' rights in their respective roles. 

When Should You Approach a Notary?

• You should approach a Notary Public when your primary requirement is the authentication or official validation of a document, not legal advice on its contents. 
• A notary's role is to act as an impartial government-appointed witness to deter fraud.
• Typical scenarios where you would need a notary include getting an affidavit sworn, certifying a copy of an original document (like a passport or degree certificate) as a "true copy," executing a Power of Attorney, or witnessing the signing of a rental agreement or a simple contract. The notary’s seal and signature provide an official verification that the identified person signed the document.

When Should You Approach a Lawyer?

In case of understanding legal rights and obligations or needing someone to speak for you in a legal capacity, a lawyer is the appropriate professional.

• You should approach a lawyer when you require expert legal advice, strategic guidance, or representation. A lawyer's duty is to protect your interests and advocate on your behalf. 
• Consult a lawyer for situations such as drafting or reviewing a complex contract (like a property sale deed), if you are involved in a legal dispute that might go to court, for matters of family law like divorce or inheritance, or if you are facing criminal charges.

Cost Comparison: Notary vs Lawyer

When comparing costs, this table shows that notaries usually charge a low, fixed fee per document, while lawyers' fees vary based on the type of case and their experience.

Can a Lawyer Be a Notary?

Yes, a lawyer can become a Notary Public, but it is not an automatic designation. In India, there is a specific process and eligibility criteria for a lawyer to be appointed as a notary. 

• An advocate must have a minimum number of years of legal practice (typically ten years, or seven for women and reserved categories) to be eligible to apply to the government for a notary commission. 
• If their application is approved, they are then authorised to perform notarial acts. Therefore, while many notaries are experienced lawyers, not every lawyer is a notary. 
• This distinction is crucial; a lawyer cannot perform a notarial act unless they have been specifically appointed as a Notary Public by the government.

Common Misconceptions About Advocate and Notary 

Many people confuse the roles of advocates and notaries. Understanding common misconceptions helps avoid mistakes. Notaries and lawyers have distinct duties, and not every lawyer can act as a notary. Below are a few common misconceptions:

• Notaries can fight cases: False statement: Notaries only verify and clarify documents and do not represent the client in court.
• All lawyers are notaries: False statement: Being a lawyer does not automatically make someone a notary. Notaries need a separate certification under the Notaries Act.
• Notary equals legal advice: False statement: Notaries cannot give legal advice; only lawyers can advise clients on legal matters.

How Can NoBroker Notary Services Help?

NoBroker notary services help individuals get documents verified quickly and easily without long waits. They assist with notarisation, rental agreements, and affidavit services, ensuring proper authentication in accordance with legal rules. The platform connects users with certified notaries, offers doorstep service in many cities, and saves time. Their process is simple, transparent, and convenient for personal and business documentation needs.