Diplomatic and Consular Officers (Oaths and Fees) Act, 1948
Summary
This Act empowers Pakistan's diplomatic and consular officers serving abroad (and, reciprocally, certain foreign diplomatic and consular officers authorised by the Federal Government) to perform oaths, affirmations, affidavits, and notarial acts overseas with the same legal effect as if done inside Pakistan. Section 2 defines "consular officer" (covering consuls, consular agents, consuls-general, honorary consuls, and vice-consuls) and "diplomatic officer" (covering ambassadors, high commissioners, counsellors, diplomatic secretaries, and similar roles).
Section 3 is the core power: these officers can administer oaths and affirmations, take affidavits, and carry out any notarial act a notary public could do within Pakistan, whether online or in physical form (a 2022 amendment added the online option). A document bearing the seal and signature of such an authorised officer is admissible in evidence without needing separate proof that the seal or signature is genuine.
Section 4 gives the Federal Government power to fix fee tables for these official acts and to make regulations on how fees are levied, accounted for, applied, or waived. Section 5 requires these fee tables to be prominently displayed at every customs port, land customs station, and customs aerodrome, and in every consular or diplomatic office performing consular functions, open to public inspection.
Section 6 penalises an officer who charges more than the fixed fee with a fine of up to Rs. 3,000. Section 7 penalises anyone who falsely swears an oath or affidavit under this Act with imprisonment up to three years plus a fine, and separately penalises forging or fraudulently altering an authorised officer's seal or signature, or knowingly using a document with such a forged seal, with the same imprisonment-plus-fine penalty.
Section 8 lets these offences be tried anywhere in Pakistan where the accused person is found or in custody, though prosecuting a consular or diplomatic officer specifically requires prior written authorisation from the Federal Government. Section 9, added by a 2022 amendment, gives the Federal Government power to make implementing rules.
While the base Act dates from 1948, it has been meaningfully updated as recently as 2022 (adding online oath administration and formal rule-making power), so it remains an actively maintained piece of legislation rather than a purely historical one.