SPA/GPA Representation in Civil and Criminal Courts

Introduction

In many situations, a person who is a party to a case cannot personally attend court due to age, health issues, distance, or other difficulties. To overcome this, Indian law allows them to appoint someone else to act on their behalf through a Power of Attorney (PoA). A General Power of Attorney (GPA) gives broad authority to manage legal and financial matters, while a Special Power of Attorney (SPA) is limited to a specific purpose, such as handling one particular case. However, the scope of what a SPA/GPA holder can do in court is not the same in civil and criminal cases. Courts have laid down clear rules about where such representation is valid and where personal presence of the main party is unavoidable.

SPA/GPA Holder in Civil Cases

Civil disputes cover issues such as property, contracts, recovery of dues, or family matters. The Civil Procedure Code, 1908 (CPC) recognizes the right of a party to act through a representative, including a SPA/GPA holder.

Procedure in Civil Cases

1. Execution of Power of Attorney: The party must prepare a written SPA or GPA, duly stamped and notarized. If the authority concerns immovable property, the document must be registered.
2. Filing and Signing Documents: Under Order III of the CPC, the SPA/GPA holder can file a case, sign pleadings, submit affidavits, and take part in routine proceedings.
3. Court Appearances: The attorney holder may appear during hearings, respond to notices, and assist with day-to-day case progress.
4. Giving Testimony: Courts have clarified that a SPA/GPA holder can testify only about facts they personally know. They cannot speak on matters that belong solely to the principal’s knowledge. If the case involves personal transactions of the principal, the principal must appear to give evidence.
5. Cross-Examination: If the attorney holder has participated in relevant dealings, they can be cross-examined on those facts.

In short: In civil cases, SPA/GPA holders are accepted for most procedures, but when it comes to proving personal facts, the principal must step into the witness box.

SPA/GPA Holder in Criminal Cases

Criminal cases are very different because they involve offences against the State and questions of personal responsibility. The Criminal Procedure Code, 1973 (CrPC) keeps the role of SPA/GPA holders very limited.

Procedure in Criminal Cases

1. Filing of Complaints: A complaint can sometimes be filed through a SPA/GPA holder if the power deed authorizes it. However, in many instances, courts require the complainant to appear personally to confirm the allegations.
2. Representation During Trial: Criminal trials usually demand the personal presence of both the complainant and the accused. While an attorney holder may assist with paperwork or attend hearings, they cannot replace the complainant in giving personal evidence.
3. Evidence and Examination: The complainant must testify directly, particularly in offences where personal knowledge is central (for example, cheque bounce cases). An SPA/GPA holder cannot give evidence about events they did not witness themselves.
4. Role of the Accused: The accused cannot send a SPA/GPA holder to face trial on their behalf. Criminal responsibility is personal. At best, applications for exemption from appearance under Sections 205 or 317 CrPC can be made, but the court can still require the accused to be present whenever necessary.

In short: In criminal cases, SPA/GPA holders may help with procedural aspects, but they cannot take over the role of the main party where personal evidence or responsibility is required.

Conclusion

The law makes a clear difference in how SPA/GPA holders can function in civil and criminal courts. In civil cases, they can carry out most formal tasks like filing, attending hearings, and even giving evidence when they have personal knowledge. But if the case depends on facts only known to the principal, the principal must personally appear. In criminal cases, their role is far narrower — while they may help file complaints or manage paperwork, the complainant or accused cannot avoid personal presence and testimony. Thus, while Power of Attorney offers convenience, it cannot be used as a substitute for personal accountability in matters where the law requires direct involvement of the party concerned.

FAQs

Q1. Can a GPA holder file a civil case? Yes, if the GPA deed authorizes it, they can file and conduct a civil case on behalf of the principal. Q2. Can a SPA holder give evidence? Yes, but only on facts they have personal knowledge of, not matters known only to the principal. Q3. Can an accused be represented by a GPA holder in a criminal trial? No, an accused must face trial personally. A GPA holder cannot stand in their place. Q4. Is registration of Power of Attorney always required? It is required if the PoA deals with immovable property. Otherwise, notarization is usually sufficient. Q5. Can a SPA holder pursue a cheque bounce case? They can file the case, but the complainant often needs to appear personally to prove the transaction.

Comparison: Civil vs Criminal (At-a-Glance)