Can a witness give spa to his relative for giving evidence?

Zeeshan (Querist) 14 October 2024 This query is : Resolved
Hello sir,
I have a case going against legal heirs of my tenant who made fake papers of my shop and claim themselves as owners.
There are total 5 defendants, 1 wife, 2 son, 3 daughters.

Two of the daughters give SPA (Special power of attorney )to 3rd daughter's husband to give evidance and cross on behalf of them.
Is it legal ? What law says ?

Please help.
Thanks

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Quick Summary

This discussion explores the legality of a witness granting a Special Power of Attorney (SPA) to someone else to provide evidence in court. Generally, a Power of Attorney agent can only testify about facts they personally witnessed or actions they took on behalf of the principal. They cannot depose evidence based on the principal's personal knowledge, as evidence is considered a personal matter that cannot be delegated. This is particularly strict in criminal cases where substitution is not permitted.

T. Kalaiselvan, Advocate (Expert) 14 October 2024
Generally a power of attorney cannot depose evidence on behalf of the principal before the court.
A POA agent can only testify about facts they personally know. They cannot testify about facts that are within the personal knowledge of the principal.
However, a POA agent can give evidence in court on behalf of a party within the limits of the Indian Evidence Act, 1872. They can give evidence about matters they know or matters they did in furtherance of the principal's actions.

Sudhir Kumar, Advocate (Expert) 15 October 2024
POA is valid for exercising rights as owner in sale/purchase/mortgage/litigation as specified in the deed.

However . evidence is purely a personal knowledge and cannot be delegated.

if one is accused in a criminal case then there is no substitution whatsoever.

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