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Do I need a POA to file case in India, if I live abroad ?


30-Jan-2023 (In Criminal Law)
I stay abroad and want to file a criminal case against someone in India for cheating done. Can i do it myself or should i give Power of Attorney to somebody.?? Pls guide me
Answers (5)

Answer #1
540 votes
In criminal case you cannot transfer the right to sue as it is not recognized in Indian Criminal Jurisprudence. You can consult for this issue as you can have an advocate with whom you have signed a vakalatnama. You can also make an application for permanent exemption through counsel.
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Answer #2
996 votes
You can do it either way i.e you may file it by yourself or by giving power of attorney. You will get represented by him. May meet for further consultation.

Answer #3
544 votes
Hello,
You can always file a case against that person, with the help of a lawyer and yes Power of Attorney is necessary. There are some legal procedures have to follow in that case, but without knowing the matter it's not possible to guide you properly.
Regards,
Jayatee Chatterjee
Solicitor/ Advocate
Answer #4
883 votes
Yes you have assign the task to someone who can appear on your behalf if you are not able to appear . In your case since you are staying abroad then you can authorize to appear on your behalf and also your lawyer to plead for you .
Answer #5
570 votes
You need to file it yourself. POA for filling a criminal case not permissible. Your counsel/Advocate (State lawyer if it's a State case) will represent you before the criminal court once the case is filed. Your physical presence will be required at some stages not all.

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