How to Conduct Cases as a Party-in-Person in Civil, Criminal and High Court Matters

Party-in-Person: Self Representation in Indian Courts

Introduction

In India, every individual has the constitutional right to approach courts for justice. While most people engage advocates to represent them, there are many who choose to fight their own cases without hiring a lawyer. Such individuals are known as party-in-person litigants. This choice may arise out of financial constraints, lack of trust in lawyers, or simply the belief that they can best present their own case.

However, appearing as party-in-person is not a simple task. Courts have established procedures to ensure that justice is not compromised. The process varies depending on whether the case is civil, criminal, or being argued before the High Court.

Party-in-Person in Civil Cases

Civil cases generally involve disputes relating to property, contracts, recovery of money, family matters, etc. Under the Civil Procedure Code (CPC), 1908, a person is entitled to appear and argue their own case without an advocate.

Procedure in Civil Courts

1. Filing of Case: The litigant must prepare and file the plaint (if filing a case) or the written statement (if defending). The documents must follow CPC requirements.
2. Vakalatnama Not Required: Since the litigant is self-representing, no vakalatnama (lawyer authorization) is needed. Instead, the party files a memo stating that they are appearing in person.
3. Examination and Evidence: The party-in-person must cross-examine witnesses, produce evidence, and comply with procedural rules like affidavit submissions.
4. Court Conduct: Civil courts usually guide self-represented parties to ensure they don’t get lost in procedure, but the litigant is still expected to follow court etiquette.

While civil courts are slightly more flexible with party-in-person litigants, the challenge lies in understanding technical procedures and evidentiary requirements.

Party-in-Person in Criminal Cases

Criminal law is more sensitive since it concerns offences against society. Under the Code of Criminal Procedure (CrPC), 1973, both accused persons and complainants may choose to represent themselves.

Procedure in Criminal Courts

1. Accused as Party-in-Person: An accused person can defend themselves without an advocate. However, courts are cautious and often advise legal aid to ensure fairness.
2. Complainant as Party-in-Person: In private complaints (like cheque bounce cases under Section 138 NI Act), complainants frequently appear in person.
3. Serious Criminal Trials: In cases involving grave offences (like murder or sexual offences), courts usually insist that the accused be represented by a lawyer, and if they cannot afford one, a legal aid lawyer is provided under Article 39A of the Constitution.
4. Permission of Court: In criminal trials, permission of the court is sometimes required before allowing party-in-person appearance, especially if it affects the smooth conduct of the trial.

Thus, while possible, conducting a criminal case without a lawyer is riskier and requires strict compliance with procedural rules.

Party-in-Person Before the High Court

The High Courts deal with writ petitions, appeals, and other significant matters. The rules of High Courts allow individuals to appear as party-in-person, but with certain safeguards.

Procedure in High Court

1. Filing Application for Party-in-Person: The individual must file an application seeking permission to argue their case in person.
2. Scrutiny by Registrar/Judge: Many High Courts (like Delhi and Bombay) require the litigant to appear before the Registrar or a judge in chambers to demonstrate basic understanding of law and procedure. This ensures the litigant does not waste judicial time.
3. Courtroom Etiquette: The party-in-person must follow professional court decorum—dress appropriately, address the bench respectfully, and submit documents in proper format.
4. Assistance of Amicus Curiae: If the court feels the litigant is unable to properly present the matter, it may appoint an amicus curiae (friend of the court) to assist.
5. Restrictions on Frivolous Litigants: Some individuals misuse party-in-person rights by filing multiple frivolous petitions. High Courts can impose restrictions or even bar repeat offenders.

Challenges of Party-in-Person Representation

• Complexity of Law: Without legal training, navigating statutes, precedents, and procedures can be overwhelming.
• Emotional Involvement: Litigants may lack objectivity, weakening their case.
• Court Expectations: Judges expect litigants to follow the same rules as advocates.

Despite challenges, many individuals successfully argue their own cases, especially in matters of personal liberty, property rights, or social justice.

Conclusion

Appearing as party-in-person is a legal right in India, recognized in both civil and criminal courts as well as High Courts. While civil cases are more straightforward for self-representation, criminal cases and High Court matters require more caution and sometimes prior permission. Courts encourage litigants to take professional help, but they also respect the right of individuals to argue for themselves.

For anyone considering this path, preparation, discipline, and understanding of basic legal procedures are essential. Appearing in person can be empowering—but it is also demanding.

Frequently Asked Questions (FAQs)