Vakalatnama

Vijay Kumar (Querist) 13 April 2011 This query is : Resolved
Whether the Vakalatnama is must in Criminal cases?

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Advocate Bhartesh goyal (Expert) 13 April 2011
No,But accused has to present in person on each and every day of hearing in court.

Naresh Kudal (Expert) 13 April 2011
Agree with expert.

Sarvesh Kumar Sharma Advocate (Expert) 13 April 2011
if accused is in jail then concent of accused or breif holding of accused can present the accused side!

Raj Kumar Makkad (Expert) 13 April 2011
Vakaltnama is must in all cases including criminal cases authorizing a specific lawyer to represent is issuer.

Gulshan Tanwar (Expert) 13 April 2011
Vakalatanama is must in civil cases and optional in criminal cases and also there is no vakalatanama when one party to the case is Advocate himself and as per the directions of the Hon'ble High Court of Delhi, Advocate cannot file vakalatanama on behalf of another Advocate.

Reason for non filing on behalf of Advocate is simple that An Advocate is a part and parcel of the Administration of justice.

Uma parameswaran (Expert) 14 April 2011
Vakalatnama or memo of appearance is needed to appear through Lawyer.

J K Agrawal (Expert) 14 April 2011
To appoint an advocate is not must but it is right of accused under section 303 of Cr. P. C.
It is not necessary that the person representing an accused must be a lawyer. the Court may allow any person under section 2 (q) of Cr.PC.

Filling vaklatnama is also not a must and one can file memo in lieu of Vakalatnama.

R.venkatesh Naidu (Expert) 15 April 2011
vakalath name is only for civil cases. but some times it is essential for criminal cases. for example, apply for copy application. But usually the memo or appearance is enough for criminal cases.

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