Notaries Cannot Issue Marriage Certificates or Notarise Marriage Declarations

Notaries Cannot Issue Marriage Certificates: Partha Sarathi Das v. State of Odisha (2023) | Bismay Dash & Associates
Knowledge Centre · Family & Matrimonial Law · Bismay Dash & Associates
Case Analysis

Notaries Cannot Issue Marriage Certificates or Notarise Marriage Declarations — What the Orissa High Court Held in Partha Sarathi Das v. State of Odisha (2023)

A practitioner's breakdown of why a notary-attested "marriage certificate" has no legal value in India, what the Orissa High Court actually directed, and how couples, notaries and advocates should respond.

Author: Advocate Bismay Dash Reading time: ~10 min Category: Family & Matrimonial Law Case: WP(CRL) No. 70 of 2023
This article is for general information only and is not case-specific legal advice. See the full disclaimer near the end of this page.
At a Glance
  • The Orissa High Court reiterated that notaries have no authority to issue marriage certificates or to notarise a signed declaration of marriage.
  • Such acts fall entirely outside a notary's functions under Section 8 of the Notaries Act, 1952.
  • The case arose from a habeas-corpus style writ where the petitioner relied on a notary-issued "marriage certificate" to claim his companion was his legally wedded wife.
  • The Court traced the same warning through Rohit Kumar Behera v. State of Odisha, Ramakanta Nayak v. Itishree Mohapatra, and Mukesh v. State of M.P.
  • The Bench directed the erring notary of Simulia, Balasore, to personally appear and explain his conduct.
  • The State was directed to conduct regular training programmes for notaries and issue guidelines on their statutory duties.
  • A document of this kind gives couples a false and dangerous sense of legal marital status.
Quick Answer

No. A "marriage certificate" issued by a Notary Public, or a marriage declaration notarised by one, has no legal value whatsoever in India. The Orissa High Court, in Partha Sarathi Das v. State of Odisha (WP(CRL) No. 70 of 2023, order dated 14 September 2023), reiterated settled law that notarising or "solemnising" marriages is completely outside a notary's functions under Section 8 of the Notaries Act, 1952. Marriage is validly established only under the applicable personal law (solemnisation) or through registration under statutes such as the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, or a State Compulsory Registration of Marriage Act/Rules — never by notarial attestation.

Table of Contents

1.Background of the Case

Marriages solemnised informally, and then "documented" through a notary, have quietly become common in parts of Odisha and elsewhere — especially where couples want quick proof of marriage without going through a temple, registrar, or the formal registration process. Notaries, sometimes out of ignorance of their own statutory limits, have obliged by attesting documents styled as "marriage declarations" or even issuing paper described as a "marriage certificate."

Partha Sarathi Das v. State of Odisha reached the Orissa High Court through exactly this fact pattern, and gave the Court an opportunity to restate — firmly and for the record — that this practice has no legal foundation at all.

2.Case Snapshot

Case Information
Case Title
Partha Sarathi Das v. State of Odisha & Others
Case Number
WP(CRL) No. 70 of 2023
Court
Orissa High Court, Cuttack
Citation
2023 SCC OnLine Ori 5657
Bench
Justice Sangam Kumar Sahoo & Justice S. Sankar Mishra
Order Date
14 September 2023
Nature of Petition
Writ Petition (Criminal) — production/habeas corpus
Statute in Focus
Section 8, Notaries Act, 1952

3.What Actually Happened Before the Court

The petitioner filed a writ petition alleging that a woman he described as his legally wedded wife was being illegally confined by her parents against her will, and sought a direction for her production. To establish the marital relationship, the petitioner produced a "marriage certificate" that had been executed and issued by a Notary Public practising at Simulia, in the district of Balasore.

On examining this document, the Court was troubled by the underlying practice rather than merely the individual dispute. It directed the police to formally intimate the notary in writing to appear in person and explain, on affidavit, the basis on which he had allowed execution of a marriage declaration before him, and under what authority he had attested it.

1

Writ petition filed

Petitioner sought production of a woman claimed as his wife, relying on a notary-issued "marriage certificate" as proof of marriage.

2

Court scrutinises the document

The Bench found the "certificate" was executed and attested by a Notary Public with no jurisdiction to certify marriages.

3

Notary summoned (14-09-2023)

Court directed the Inspector-in-charge, Balasore Town Police Station, to intimate the notary to appear in person on 26-09-2023 and explain his conduct.

4

Reiteration of settled law

Relying on earlier authorities, the Court held that notarising or issuing marriage documents is outside a notary's functions under Section 8 of the Notaries Act, 1952.

5

Apology & systemic directions

The notary later tendered an unconditional apology pleading ignorance of the limits of his authority; the Court accepted it, but directed the State to run regular notary training and issue clear guidelines.

4.The Court's Holding, In Its Own Words

"Time and again the Courts across the country have echoed it in identical voice that Notaries are neither authorized to issue marriage certificates nor they are legally entitled to notarize any signed declaration of marriage, which is apparently beyond the scope of their functions prescribed under Section 8 of the Notaries Act, 1952." Orissa High Court, Partha Sarathi Das v. State of Odisha, WP(CRL) No. 70 of 2023
"Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity." Orissa High Court, Partha Sarathi Das v. State of Odisha

The Court went further and directed the concerned notary to personally appear and account for his conduct — signalling that this is not treated as a harmless clerical slip, but as a serious departure from statutory duty with real consequences for the parties involved.

A Notary Public in India is a creature of statute. Their functions are exhaustively listed in Section 8 of the Notaries Act, 1952, and include acts such as verifying, authenticating, certifying or attesting the execution of an instrument; witnessing signatures; administering oaths; taking affidavits; preparing protests of bills of exchange; and similar acts that other laws specifically permit a notary to perform.

Nowhere in Section 8, or anywhere else in the Notaries Act, is a notary empowered to solemnise, register, certify, or in any way legally validate a marriage. Marriage is a status governed exclusively by personal law (such as the Hindu Marriage Act, 1955, Muslim personal law, the Indian Christian Marriage Act, 1872, or the Special Marriage Act, 1954) and by dedicated registration machinery created under those laws or under State Compulsory Registration of Marriage Rules. A notary attesting a "marriage declaration" is, at best, certifying that two people signed a piece of paper in front of him — that act carries no evidentiary or legal weight as proof of a valid marriage.

6.Precedents the Court Relied On

CaseCourtRelevance
Rohit Kumar Behera v. State of Odisha Orissa High Court Earlier reiteration that notaries have no authority over marriage-related certification.
Ramakanta Nayak v. Itishree Mohapatra Orissa High Court, 2017 SCC OnLine Ori 219 Confirms the consistent judicial position within Odisha on this issue over several years.
Mukesh v. State of M.P. M.P. High Court, M.Cr.C. No. 44184 of 2020 Shows the same principle has been applied outside Odisha, indicating a pan-India judicial consensus.

The convergence of these decisions is precisely what allowed the Bench in Partha Sarathi Das to describe the position as one "Courts across the country have echoed... in identical voice" — this is not an isolated or novel finding, but the restatement of a settled principle.

7.Directions Issued by the Court

A

Personal appearance of the notary

The erring Notary Public of Simulia, Balasore was directed to appear in person and explain, on what basis and under what authority, he executed and attested the marriage declaration document.

B

Regular training programmes for notaries

The State Government was directed to arrange training programmes for notaries across Odisha on a regular basis, physically or virtually, to apprise them of their duties and functional limits under Section 8 of the Notaries Act, 1952.

C

Issuance of guidelines

The State was further directed to issue clear guidelines to notaries setting out what they can and cannot do — an explicit acknowledgment that widespread ignorance, not malice alone, is driving this problem.

D

Acceptance of unconditional apology

The Court ultimately accepted the notary's unconditional apology and his affidavit undertaking not to repeat the conduct, and disposed of the criminal writ petition on that basis.

8.Why This Matters for Couples

The judgment is a caution as much as it is a statement of law. Couples who obtain a notarised "marriage certificate" — often for convenience, speed, or to avoid family or social scrutiny — walk away genuinely believing they are legally married. In reality, they hold a piece of paper with no more legal effect than any other notarised private document. This becomes catastrophic precisely when it matters most: in matrimonial disputes, maintenance claims, inheritance, custody proceedings, or — as in this very case — in a habeas corpus petition where the existence of a valid marriage was central to the relief sought.

Practical reality: A notary's attestation only confirms that a document was signed in the notary's presence. It says nothing about whether the underlying "marriage" satisfies the essential conditions and ceremonies required under the applicable personal law, or whether it has been registered with a competent Marriage Registrar.

9.Risks of Relying on a Notarised "Marriage Certificate"

Consequences that can follow

  • The "marriage" may be found to have no legal sanctity in matrimonial, maintenance, or succession proceedings.
  • A partner may be unable to claim spousal rights — maintenance, residence, or inheritance — if the marriage cannot be proved under the applicable personal law.
  • Children born of such a relationship may face avoidable disputes over legitimacy and succession if the marriage itself is never properly established.
  • Passport, visa, insurance, joint-property, and bank nomination processes that require a valid marriage certificate may reject a notarised document outright.
  • The notary who issued or attested such a document may face judicial scrutiny, disciplinary proceedings, or being summoned to explain the act, as happened in this very case.
  • Parties may unknowingly expose themselves to allegations of misrepresentation if the "certificate" is used to assert marital status before another authority.

10.How a Marriage Is Actually Solemnised and Registered

There is no shortcut around personal law and registration statutes. The legally recognised routes are:

Legally Valid Routes

  • Solemnisation under personal law — for example, a Hindu marriage solemnised with the essential ceremonies (including saptapadi, where applicable) under the Hindu Marriage Act, 1955, or solemnisation under Muslim, Christian, Parsi, or other applicable personal law.
  • Registration under the Special Marriage Act, 1954 — for civil marriages, including inter-faith marriages, solemnised and registered before a Marriage Officer after the statutory notice period.
  • Registration under the applicable personal-law Act — for instance, registration of a Hindu marriage under Section 8 of the Hindu Marriage Act, 1955, before the jurisdictional Registrar.
  • Registration under the State's Compulsory Registration of Marriage Rules — most States, including Odisha, mandate registration of every marriage (regardless of personal law) with the local Registrar of Marriages, generating an official, legally recognised marriage certificate.

A document is a valid "marriage certificate" only when it is issued by an authority empowered by one of these statutes — never by a Notary Public acting under the Notaries Act, 1952.

11.Myths vs Facts

MythA notary-attested marriage declaration is a valid, government-recognised marriage certificate.
FactIt has no legal value. Only the applicable Marriage Registrar or Marriage Officer under a marriage statute can issue a valid certificate.
MythGetting a notary to sign a marriage paper is a quicker, equally valid alternative to formal registration.
FactCourts across India, including the Orissa High Court repeatedly, have held this is entirely outside a notary's Section 8 functions.
MythIf both parties signed voluntarily before the notary, the marriage is legally binding.
FactVoluntary signing before a notary establishes only that the document was signed — not that a valid marriage under personal law has taken place.
MythNotaries who issue such certificates face no consequences.
FactIn this very case, the notary was summoned to personally explain his conduct before the High Court and had to file an affidavit of apology.

12.Common Real-Life Scenarios

1

Couple wants quick "proof" of marriage for a rented flat or workplace HR record

Risk

A notarised declaration may be accepted informally by a landlord or employer but will not hold up if the marriage is ever legally challenged.

2

Inter-faith or inter-caste couple avoiding family objection

Risk

A notary document gives false comfort; the couple should instead pursue registration under the Special Marriage Act, 1954, with appropriate safeguards.

3

One party later denies the marriage in a maintenance or custody case

Risk

A notarised paper alone is unlikely to discharge the burden of proving a valid marriage under personal law before a Family Court.

4

Habeas corpus / production petition citing the "marriage" as legal basis

Risk

As in Partha Sarathi Das itself, courts will look past the notarised paper and ask for real proof of a solemnised, registrable marriage.

13.Checklist Before You Rely on Any Marriage Document

  • Confirm the certificate is issued by a competent Marriage Registrar/Marriage Officer under a marriage statute — not a Notary Public.
  • Verify the marriage was solemnised per the ceremonies required under the applicable personal law, or civilly registered under the Special Marriage Act, 1954.
  • Complete registration under the State's Compulsory Registration of Marriage Rules, even if solemnised religiously.
  • Retain original invitation cards, priest/officiant records, photographs, and witness details as corroborative evidence, alongside the registered certificate.
  • Never accept a notarised "declaration of marriage" as a substitute for statutory registration.
  • If a notary has already issued such a document, treat it only as evidence that a declaration was signed — not as proof of marital status — and pursue proper registration immediately.

14.Practical Perspective for Advocates and Notaries

For advocates advising clients on matrimonial status, the starting point in any case involving a notarised "marriage certificate" should be to establish independently whether a marriage valid under the applicable personal law was in fact solemnised, and whether it has been registered. The notarised document itself should not be treated as primary proof of marriage in pleadings; at most, it may be led as corroborative evidence of an assertion, subject to the weight a court is willing to give it in light of Partha Sarathi Das and the precedents it follows.

For notaries, the judgment is a direct warning. Attesting or executing any document styled as a marriage certificate or marriage declaration falls outside the functions permitted under Section 8 of the Notaries Act, 1952, and can expose the notary to being summoned, required to explain the act on affidavit, and potentially to disciplinary consequences under the Notaries Act and Rules.

15.Frequently Asked Questions

Is a notary-issued marriage certificate valid in India?
No. The Orissa High Court in Partha Sarathi Das v. State of Odisha reiterated that notaries have no authority to issue marriage certificates; such documents carry no legal value.
Can a notary notarise a signed declaration of marriage?
No. The Court held this is equally beyond a notary's functions under Section 8 of the Notaries Act, 1952.
What is the case citation for this ruling?
Partha Sarathi Das v. State of Odisha & Others, WP(CRL) No. 70 of 2023, Orissa High Court, order dated 14 September 2023 (2023 SCC OnLine Ori 5657).
What earlier cases did the Court rely on?
Rohit Kumar Behera v. State of Odisha, Ramakanta Nayak v. Itishree Mohapatra (2017 SCC OnLine Ori 219), and Mukesh v. State of M.P. (M.Cr.C. No. 44184 of 2020).
What should a couple do instead of getting a notarised marriage document?
Solemnise the marriage under the applicable personal law or the Special Marriage Act, 1954, and register it with the jurisdictional Marriage Registrar under the applicable Act or the State's Compulsory Registration of Marriage Rules.
What happened to the notary in this case?
He was directed to personally appear before the Court and explain his conduct. He tendered an unconditional apology and filed an affidavit undertaking not to repeat the act; the Court accepted this and disposed of the petition.
What did the Court direct the State Government to do?
To arrange regular training programmes for notaries (physical or virtual) on their statutory duties, and to issue guidelines clarifying what notaries can and cannot do under Section 8 of the Notaries Act, 1952.
Does this ruling apply outside Odisha?
The Court's reasoning draws on a pan-India line of authority, including a Madhya Pradesh High Court decision, so the underlying principle — that notaries cannot certify marriages — reflects the settled position across Indian courts, even though the order itself binds within the Orissa High Court's jurisdiction.

16.Key Takeaways

  • A notary has no power under the Notaries Act, 1952 to issue a marriage certificate or notarise a marriage declaration.
  • Such documents give couples a false sense of legal marital status with no underlying legal sanctity.
  • The Orissa High Court in Partha Sarathi Das v. State of Odisha reiterated this settled, pan-India judicial position.
  • The offending notary was summoned, required to explain himself, and tendered an unconditional apology.
  • The State was directed to run regular notary training and issue clear guidelines on Section 8 duties.
  • The only legally valid routes are solemnisation under personal law or the Special Marriage Act, 1954, followed by registration with a competent Marriage Registrar/Officer.
  • Anyone holding a notarised "marriage certificate" should treat it as unreliable and pursue proper registration without delay.
Legal Disclaimer: This article is published for general educational and informational purposes on the Knowledge Centre of bismaydash.com.

Artificial Intelligence (AI) Law in India

AI Law in India
A SPECIAL REPORT by Bismay Dash and Associates

Artificial Intelligence Law
in India

A comprehensive deep-dive into India's evolving legal landscape for AI — policies, regulations, frameworks, and what lies ahead for the world's most populous democracy.

📖 15 min read 🏛️ Policy & Law 🇮🇳 India Focus
$17B+
Projected India AI Market by 2027
2023
DPDP Act — India's First Data Law
3+
Regulatory Bodies Governing AI
2047
Vision: AI-Powered Viksit Bharat

India's AI Regulatory Journey

India stands at a pivotal crossroads between being an AI superpower and establishing a robust legal framework to govern it responsibly.

India is rapidly emerging as one of the world's leading AI ecosystems, with over 1,500 AI startups, a massive pool of AI talent, and government initiatives like IndiaAI Mission pushing billions in public investment. Yet its legal infrastructure for AI governance remains largely nascent — built on a patchwork of existing laws adapted to new realities, rather than a comprehensive AI-specific statute.

Unlike the European Union — which passed the landmark EU AI Act in 2024 — India has deliberately chosen a light-touch, innovation-first regulatory philosophy. The government's stance, articulated through multiple policy documents and ministry advisories, leans toward principles-based governance, industry self-regulation, and sector-specific rules rather than a single overarching AI law.

This article maps India's current AI legal landscape across key pillars: data protection, algorithmic accountability, sector-specific regulation, intellectual property, liability, and the emerging National AI Policy.

🎯 India's Official AI Philosophy

The Government of India's approach is encapsulated in the phrase "AI for All" — emphasizing inclusive, responsible, and human-centric AI that drives economic growth while protecting citizens. MeitY has repeatedly stated its preference for a non-prohibitive, pro-innovation regulatory environment.

📜

No Single AI Law (Yet)

India currently lacks a dedicated AI statute. Governance occurs through existing legislation — IT Act, DPDP Act, sector rules — adapted for AI contexts.

🚀

Innovation-First Approach

MeitY's advisories explicitly discourage premature heavy regulation that could stifle India's AI startup ecosystem and global competitiveness.

🏛️

Federated Governance

Multiple ministries — MeitY, NITI Aayog, RBI, SEBI, MoHFW — independently regulate AI in their domains, creating a multi-stakeholder framework.

🤝

International Alignment

India participates in the Global Partnership on AI (GPAI) and G20 AI Principles, aligning its approach with international responsible-AI norms.

The Five Pillars of India's AI Law

India's AI governance is built on five intersecting legal and policy pillars, each contributing to a comprehensive (if informal) regulatory architecture.

🔒

Data Protection

DPDP Act 2023 governs personal data used to train and deploy AI systems

💻

IT Framework

IT Act 2000 & IT (Intermediary Guidelines) Rules 2021 address algorithmic content and platforms

🧠

Intellectual Property

Copyright Act & Patents Act govern AI-generated works and AI-invented innovations

⚖️

Liability & Torts

Common law, Consumer Protection Act 2019 address harms caused by AI systems

🏦

Sector Regulations

RBI, SEBI, IRDAI, NMC and others have domain-specific AI rules for fintech, health, etc.

📋 Digital Personal Data Protection Act, 2023 (DPDP Act)

The DPDP Act is India's foundational data law and the most significant legal development for AI governance. It establishes rights for Data Principals (individuals) and obligations for Data Fiduciaries (entities processing data — including AI companies).

  • Consent Framework: AI systems training on personal data must obtain informed, specific, and withdrawable consent from data subjects.
  • Purpose Limitation: Data collected for one purpose cannot be used to train AI models for entirely different purposes without fresh consent.
  • Data Localisation: The Act empowers the government to restrict cross-border data flows — critical for AI companies using cloud infrastructure abroad.
  • Significant Data Fiduciaries (SDFs): High-risk AI platforms will be designated as SDFs, requiring Data Protection Impact Assessments (DPIAs), data audits, and appointment of Data Protection Officers.
  • Children's Data: AI systems cannot profile or target children, with strict parental consent requirements.
  • Penalties: Up to ₹250 crore per violation — creating genuine financial risk for non-compliant AI companies.
  • Data Protection Board: A quasi-judicial body to adjudicate complaints, though its independence has been questioned by civil society.
💻 Information Technology Act, 2000 & IT Rules 2021

The IT Act forms the backbone of India's cyberlaw framework. While not AI-specific, several provisions apply directly to AI systems and platforms.

  • Section 43A: Liability for body corporates that negligently handle "sensitive personal data" — applicable to AI data pipelines.
  • Section 66E/66F: Deepfakes capturing private images or facilitating cyber terrorism are prosecutable under IT Act provisions.
  • IT (Intermediary Guidelines & Digital Media Ethics Code) Rules 2021: Social media platforms and search engines using AI ranking/recommendation algorithms must follow grievance mechanisms, publish transparency reports, and comply with content takedown timelines.
  • Rule 3(1)(b): Platforms must not host AI-generated content that impersonates real persons, spreads misinformation, or threatens national security.
  • MeitY Advisory (March 2024): AI platforms must ensure their models do not generate outputs that are biased, discriminatory, or threaten India's democratic processes — platforms must label AI-generated content clearly.
🎨 Intellectual Property & AI-Generated Works

India's IP laws — largely inherited from colonial era statutes — were not designed with generative AI in mind. Several unresolved tensions exist.

  • Copyright Act, 1957: Protects "original literary, dramatic, musical and artistic works." The term "author" is defined as a human person. AI-generated works with no human creative input likely do not qualify for copyright protection in India.
  • Computer-Generated Works: Section 2(d)(vi) of the Copyright Act recognizes computer-generated works — the "author" is deemed to be the person who causes the work to be created. This offers a potential route for AI-assisted content protection.
  • Training Data & Fair Use: India's Copyright Act has no explicit "text and data mining" exception. Using copyrighted works to train AI models remains legally uncertain — a significant risk for AI companies.
  • Patents Act, 1970: An "inventor" must be a natural person. AI cannot be a sole inventor under Indian patent law — mirroring the global consensus post-DABUS cases.
  • Trademarks: AI-generated brand names and logos face uncertain protection since trademark law requires a human applicant capable of commercial activities.
⚖️ Liability for AI Harms

AI liability in India is currently governed by general tort law, consumer protection statutes, and contract law — not a dedicated AI liability regime.

  • Consumer Protection Act, 2019: Applies to AI-driven products and services. "Deficiency in service" and "unfair trade practice" provisions can be invoked against AI systems that cause consumer harm.
  • Product Liability (Chapter VI, CPA 2019): Manufacturers/service providers may be held liable for AI product defects — design defects, manufacturing defects, or failure to warn of known risks.
  • Negligence: Developers and deployers of AI systems owe a duty of care. Foreseeable harms from AI (e.g., medical misdiagnosis, autonomous vehicle accidents) could create negligence liability.
  • Deepfakes & Non-Consensual Content: The Bharatiya Nyaya Sanhita (BNS) 2023 — which replaced the IPC — includes provisions on identity fraud, sexual harassment, and defamation that can be applied to AI-generated deepfakes.
  • Algorithmic Discrimination: No standalone anti-discrimination law in AI context, but Constitutional guarantees (Articles 14, 15, 21) and Equality of Opportunity provisions can be invoked against biased AI in government applications.
🏛️ NITI Aayog's Responsible AI Principles

NITI Aayog published India's first official AI ethics and governance framework through a series of papers on "Responsible AI for All."

  • Seven Core Principles: Safety & Reliability; Equality; Inclusivity & Non-Discrimination; Privacy & Security; Transparency; Accountability; and Protection & Reinforcement of Positive Human Values.
  • Risk-Based Approach: Higher-risk AI applications (healthcare, judiciary, policing) warrant stricter oversight, while low-risk AI (content recommendation, customer service) can operate with lighter-touch rules.
  • Operationalising Responsible AI (2021): NITI Aayog laid out actionable guidance for developers and government bodies on embedding AI ethics into practice.
  • AI Safety Framework: Proposed mechanisms for red-teaming, adversarial testing, and incident reporting for high-stakes AI deployments.

India's AI Policy Timeline

From the first national AI strategy to the DPDP Act and IndiaAI Mission — tracing the key milestones in India's AI governance journey.

2018
National Strategy for Artificial Intelligence (NITI Aayog)
India's first official AI policy document, positioning AI as a tool for social transformation across five key sectors — healthcare, agriculture, education, smart cities, and transport.
2019
AI Task Force Report & National AI Portal
MeitY's AI Task Force submitted recommendations for a national AI framework. India joined the Global Partnership on AI (GPAI) as a founding member, and INDIAai portal launched as a central knowledge hub.
2021
NITI Aayog — Responsible AI for All (Part 1 & 2)
India's most comprehensive AI ethics framework to date. Introduced India-specific principles, risk taxonomy, and sector guidance. Also saw the controversial IT Rules 2021 governing social media AI.
2022
Personal Data Protection Bill Withdrawn
The controversial PDP Bill — India's first data protection attempt — was withdrawn after a JPC report identified 81 amendments needed. This left AI data governance in a legal vacuum for another year.
2023
Digital Personal Data Protection Act (DPDP Act) Enacted
India's landmark data protection law, critical for AI governance. Also saw India assume G20 Presidency, driving global consensus on AI governance through the New Delhi G20 Leaders' Declaration.
March 2024
MeitY Advisory on Generative AI
MeitY issued an advisory requiring AI platforms to label synthetic content, prevent bias, and seek government permission before deploying "under-tested" AI models — later softened after industry pushback.
2024
IndiaAI Mission Launched (₹10,372 Crore)
Cabinet approved India's most ambitious AI initiative with seven pillars: compute infrastructure, foundation models, datasets, application development, skilling, startups, and safety/ethics.
2025
AI Safety Institute & National AI Policy in Progress
India announced plans for an AI Safety Institute (on lines of UK's AISI) and is consulting on a comprehensive National AI Policy framework that may include legislative elements.

India's AI Governance by the Numbers

Key metrics illustrating the scale, pace, and priorities of India's AI regulatory landscape.

📊 India AI Investment Growth (₹ Crore)
🥧 AI Regulation by Sector Focus
📈 AI Startups in India (Year-wise)
🌐 Global AI Readiness — India vs Peers

🇮🇳 IndiaAI Mission at a Glance

💰
₹10,372 Cr
Total Budget Allocated
🖥️
10,000+
GPU Compute Units Planned
📚
5M+
Professionals to be Skilled
🏗️
7
Mission Pillars
🤖
3
Indigenous LLMs Funded
🏙️
25+
AI Excellence Centres

AI Regulation Across Key Sectors

India's sector regulators have moved faster than Parliament in issuing AI-specific guidance for their domains.

🏦

Financial Services (RBI & SEBI)

RBI's guidelines on model risk management, algorithmic trading rules by SEBI, and KYC AI framework govern fintech and banking AI. AI-driven credit scoring faces Fair Lending scrutiny.

🏥

Healthcare (NMC & CDSCO)

AI medical devices regulated as SaMD (Software as Medical Device) under CDSCO's digital health guidelines. NMC advisories govern AI-assisted diagnosis and telehealth AI.

📱

Telecom (TRAI & DoT)

TRAI's recommendations on AI in telecom (2024) address network AI, spectrum management AI, and call-center bot disclosures. DoT handles AI in cybersecurity and national infrastructure.

🚗

Autonomous Vehicles (MoRTH)

Ministry of Road Transport's 2022 framework allows autonomous vehicle testing on Indian roads. Safety certification, liability for accidents, and mandatory incident reporting are being developed.

🎬

Media & Content (I&B Ministry)

Information & Broadcasting Ministry mandates disclosure of AI-generated deepfakes in news and political content. ASCI's guidelines require clear labeling of AI-generated advertisements.

🎓

Education (UGC & NEP)

UGC issued guidelines on AI use in higher education, including anti-plagiarism policies for AI-generated academic work. NEP 2020 envisions AI literacy as a core curriculum component.

📊 Regulatory Maturity by Sector (Scale: 0–100)
Financial Services (Fintech/Banking)78%
Healthcare & Medical AI52%
Data Protection (DPDP)68%
Media, Content & Deepfakes45%
Autonomous Systems & Robotics30%
AI in Judiciary & Law Enforcement20%

India vs. The World: AI Regulation Compared

How does India's AI governance approach stack up against major jurisdictions? A comparative analysis.

JurisdictionPrimary ApproachKey Law / FrameworkRisk ClassificationPenalty RegimeStatus
🇪🇺 European UnionPrescriptive & Risk-BasedEU AI Act 20244 tiers (Unacceptable→Minimal)Up to 7% global turnoverIn Force
🇺🇸 United StatesSector-specific + EOBiden EO on AI (2023); State lawsNo federal classificationVaries by sectorFragmented
🇨🇳 ChinaState-directed controlGenerative AI Regs 2023; Deep Synthesis RulesMandatory labeling + security reviewCriminal + civil penaltiesIn Force
🇬🇧 United KingdomPrinciples-based, pro-innovationAI Safety Institute; Sectoral rulesRegulator-led, contextualSector-dependentEvolving
🇮🇳 IndiaLight-touch, innovation-firstDPDP Act; IT Rules; NITI Aayog PrinciplesRisk framework proposed onlyUp to ₹250 Cr (DPDP)Developing
🇸🇬 SingaporeVoluntary + Model AI GovernanceModel AI Governance Framework v2.0Voluntary best-practice tiersPrimarily reputationalVoluntary
🇧🇷 BrazilRights-basedAI Framework Bill (2024)Risk-based classificationUp to 2% national revenueEnacted 2024

💡 Key Takeaway: The "Regulatory Gap" Debate

India's light-touch approach is deliberately strategic — avoiding regulatory overreach that could push AI investment to more permissive jurisdictions. However, critics argue that the absence of enforceable AI-specific rules leaves citizens vulnerable to algorithmic discrimination, deepfakes, and surveillance AI — particularly in government-deployed systems where judicial oversight is limited.

Unresolved Legal Challenges

Several pressing AI law questions remain unanswered in the Indian context — creating uncertainty for developers, deployers, and affected communities.

🎭

Deepfakes & Synthetic Media

India has no dedicated deepfake law. Electoral deepfakes in 2024 general elections highlighted the urgent need for regulation. Existing IT Act provisions offer limited, after-the-fact remedies.

👁️

Facial Recognition & Surveillance AI

India's police and immigration systems deploy large-scale facial recognition with minimal legal oversight. No biometric data protection law exists. Courts have yet to rule definitively on surveillance AI constitutionality.

🤖

AI in Judicial Processes

Some High Courts use AI case-management tools. SUVAS and SUPACE AI tools are deployed in courts. There are no clear rules on AI-assisted judicial decision-making, creating due process concerns.

💼

AI & Labour Rights

Automation-driven displacement lacks legal protection. Gig workers managed by algorithmic platforms have minimal legal recourse. India's Labour Codes (2020) do not address AI-driven management or hiring discrimination.

🌐

Cross-Border AI Data Flows

MNCs operating AI globally from Indian data centers face complex compliance across DPDP Act, localisation mandates, and foreign AI regulations like the EU AI Act — requiring simultaneous multi-jurisdiction compliance.

📊

Algorithmic Accountability in Credit

AI-driven credit scoring by NBFCs and fintechs operates largely without transparency mandates. Consumers denied credit by AI have no right to explanation under current law — a significant fairness gap.

What's Next for India's AI Law?

India is expected to significantly evolve its AI governance landscape over the next 2–3 years. Here are the likely developments to watch.

🏗️

National AI Policy / AI Act

India is consulting on a comprehensive National AI Policy that may eventually lead to a dedicated AI statute — though timelines remain unclear. Expect a principles-based, risk-tiered framework inspired by the UK model.

🛡️

AI Safety Institute

India's planned AISI (following UK and US models) will focus on frontier model evaluation, red-teaming, and incident reporting — particularly for AI systems used in critical infrastructure and governance.

📜

DPDP Rules Finalization

The DPDP Rules (under consultation) will operationalize the Act's AI-related provisions — particularly around Significant Data Fiduciaries, consent managers, and children's data, directly impacting AI companies.

🔬

AI Standards (BIS & STQC)

Bureau of Indian Standards and STQC are developing national AI standards for testing, certification, and conformity assessment — potentially becoming mandatory for government AI procurement.

⚖️

Deepfake Legislation

Given the 2024 election season experiences, a specific legal framework for non-consensual synthetic media and political deepfakes is widely expected in the next legislative session.

🌏

Indo-Pacific AI Governance Frameworks

India is likely to sign bilateral AI governance frameworks with the US (iCET initiative), EU, and Japan — creating co-regulatory arrangements that influence domestic AI law.

🔮 India's AI Governance Roadmap: 2025–2030

📋
2025
DPDP Rules + AI Safety Institute Launch
🏛️
2026
National AI Policy / Draft AI Framework
⚖️
2027
Deepfake Law + AI Standards Mandatory
🤖
2028
Autonomous Systems Liability Framework
🌐
2029
Comprehensive AI Act — Parliament
🚀
2030
AI-Powered Viksit Bharat Vision

The Road Ahead: Balancing Innovation and Rights

India's AI law journey is at once ambitious and cautious — reflecting the unique challenge of governing transformative technology in a country of 1.4 billion people, with extreme socioeconomic diversity, a vibrant democracy, and legitimate aspirations to become a global AI leader.

The core tension is fundamental: move too fast and risk regulatory capture, citizen harm, and entrenched algorithmic bias; move too slow and cede ground to jurisdictions with looser rules or outright authoritarian AI models. India's approach — federated, principles-based, sector-led, and internationally collaborative — represents a thoughtful middle path, even if imperfect.

What is clear is that the next 3–5 years will be decisive. The DPDP Rules, the National AI Policy consultation, the IndiaAI Mission's output on safety and ethics, and landmark court rulings on surveillance AI and algorithmic discrimination will collectively define whether India becomes a model of responsible AI governance for the Global South — or an object lesson in regulatory lag.

⚡ The Bottom Line

India does not yet have an AI law. What it has is an AI governance ecosystem — imperfect, evolving, and increasingly urgent. The question is not if India will formalize AI regulation, but how soon, how comprehensive, and how rights-protective it will be. For lawyers, technologists, businesses, and citizens alike, the time to engage with this question is now.

AI Law India Report  |  Compiled by Bismay Dash and Associates for educational and informational purposes

Indian Courts Data

Indian Judiciary Dashboard — Bismay Dash & Associates

Indian Judiciary Intelligence

National Case Management Dashboard — FY 2024–25 By Bismay Dash And Associates

Live
Feb 28, 2026 · 09:42 IST
Overview
Indian Courts at a Glance
Comprehensive data on pendency, disposal rates, judge strength & digital reforms · Sources: NJDG, Ministry of Law & Justice, SC Annual Report
Total Pending Cases
4.54 Cr
Across all court tiers
↑ 3.2% YoY
Cases Disposed FY25
1.83 Cr
Jan – Dec 2024
↑ 7.1% vs FY24
Disposal Rate
68.4%
Cases in : cases out
↑ 4.2 pp
Active Judges
19,286
88.3% sanctioned strength
26.3% vacant
Avg. Case Duration
3.7 Yrs
All court categories
↓ 0.3 yrs improved
Pending Cases by Court TierAll India
District & Subordinate Courts3.98 Cr
High Courts (25 HCs)62.2 L
Motor Accident Tribunals38.1 L
Family Courts14.3 L
Fast Track Courts9.7 L
Supreme Court of India82,457
Pendency Trend 2019–2024 (Crore)
201920202021202220232024
Case Category MixComposition
4.54 CRORE
Criminal38%
Civil35%
Revenue / Land12%
Motor Accident8%
Others7%
Age of Pending Cases
< 1 Year32%
1 – 3 Years27%
3 – 5 Years18%
5 – 10 Years13%
> 10 Years10%
Judge StrengthVacancy
Supreme Court34 / 34
High Courts778 / 1,108
District Courts18,474 / 25,042
Overall Vacancy 26.3%
Key FiguresFY25
e-Courts Phase III18,735
Virtual Hearings2.8 Cr
Lok Adalat Settled1.26 Cr
Cases > 30 years1.73 L
NJDG Digitised23.2 Cr
High Court Performance Index — Top 12FY 2024–25
High CourtPendingDisposed FY25Disposal %Status
Allahabad HC
Uttar Pradesh
11.42 L3.18 L62%Critical
Rajasthan HC
Rajasthan
5.74 L1.92 L66%Moderate
Bombay HC
Maharashtra + 3
4.61 L1.78 L68%Moderate
Madhya Pradesh HC
MP + Chhattisgarh
4.35 L1.62 L60%Critical
Calcutta HC
West Bengal + A&N
3.98 L1.45 L58%Critical
Punjab & Haryana HC
PB, HR, UT-CHD
3.71 L1.58 L69%Moderate
Madras HC
TN + Pondicherry
3.27 L1.38 L67%Moderate
Karnataka HC
Karnataka
2.14 L1.01 L74%Good
Orissa HC
Odisha
1.68 L72,34069%Moderate
Gujarat HC
Gujarat
1.78 L94,23076%Good
Delhi HC
NCT of Delhi
1.03 L98,41278%Good
Telangana HC
Telangana
1.12 L68,12075%Good
Best Disposal
Delhi HC · 78%
Worst Backlog
Allahabad HC · 11.42L
HC Avg Disposal
68.7%
State-wise Pendency — District CourtsMajor States
Critical
High
Moderate
Low
Monthly Filing vs DisposalFY 2024–25 (Lakh)
AprMayJunJulAugSepOctNovDecJanFebMar
Filed
Disposed
Top 5 States — Pendency
Uttar Pradesh1.83 Cr
Maharashtra46.2 L
West Bengal38.7 L
Rajasthan34.1 L
Madhya Pradesh29.3 L
Digital Transformation — e-Courts Phase III₹7,210 Cr
eFiled Cases
48.3L
FY25 total
Virtual Hearings
2.8Cr
Since 2020
NJDG Records
23.2Cr
Cases digitised
HCs Online
25/25
100% digitised
Phase III Budget Utilisation
71%
₹7,210 Cr allocated
₹5,119 Cr utilised
▲ 18% vs Phase II
Key Reforms Timeline
'25
Bharatiya Nagarik Suraksha Sanhita
Jul 2024 · Replaced CrPC · 531 sections
'24
e-Courts Phase III Launch
2023 · ₹7,210 Cr · 5-year roadmap
'23
Mediation Act Enacted
Sep 2023 · ADR legally strengthened
'21
SUPACE AI Research Tool
SC-AI for legal case analysis
'20
Virtual Courts — 24×7 Pilot
Traffic + commercial dispute resolution
ADR & Alternative MechanismsFY25
⚖️
Lok Adalat
1.26 Cr settled · ₹3.4L Cr award value
↑62%
🕊️
Mediation (Post-Act)
48,200 referrals · 71% success rate
New
🏛️
Arbitration — NDIAC
Commercial disputes · Avg 8 months
↑34%
💻
Online Dispute Resolution
SAMA platform · 32,000 disputes
↑88%
📋
Pre-litigation Mediation
MSME, family, labour disputes
↑47%
ADR Cases Saved
1.31 Cr
courts diverted FY25
Award Value
₹3.4L Cr
total FY25 settlements
Supreme Court — Case Breakdown82,457 Pending
Admission Matters
54,830
66.5% of total
Regular Hearing
21,340
25.9% of total
Misc. Applications
4,862
5.9% of total
Disposed FY25
48,219
↑ 12.4% vs FY24
Listing Day Distribution
MON
TUE
WED
THU
FRI
Constitutional Bench & Key StatsFY 2024–25
5-Judge Constitutional Benches14 active
PILs admitted FY251,842
Suo Motu cognizance63
Contempt proceedings428
Collegium recommendations89
Avg daily cases listed184
Subject-wise Pendency
Service / Employment22%
Criminal Appeals18%
Revenue / Land14%
Civil Appeals12%
Constitutional Matters9%
Others25%
Bismay Dash & Associates — Advocates & Legal Strategists, Bhubaneswar, Odisha
Sources: NJDG · Supreme Court Annual Report · Ministry of Law & Justice · e-Committee, Supreme Court of India
Data as of Feb 28, 2026 · FY 2024–25