Updated 08 June 2026
A Power of Attorney lets a non-resident Indian authorise someone in India to act in a court case on their behalf, so they do not have to travel for every hearing. In civil matters an attorney can be authorised to do almost everything the case requires, but in most criminal matters the accused must still appear in person. A general Power of Attorney is often not enough for litigation; courts usually expect a specific document that names the case and the powers granted. This post provides an overview of the Power of Attorney an NRI needs for court representation in India, and how to execute it from the UK.
What is a Power of Attorney for court representation in India?
A Power of Attorney for court representation is a legal document in which a principal, the person bringing or defending the case, authorises an agent, known as the attorney, to act for them in legal proceedings in India. The attorney acts in the principal’s name within the powers the document grants.
The document is governed by the Powers-of-Attorney Act 1882 and by the rules of the court hearing the matter. For litigation it typically authorises the attorney to sign and file the vakalatnama instructing an advocate, to sign pleadings and applications, to swear affidavits, and to attend and represent the principal at hearings before the court or tribunal.
Who needs one?
Non-resident Indians living in the UK who are involved in a court case in India often need one, because attending hearings in person over months or years is rarely practical. It is commonly used in property disputes, family and succession matters, and civil and commercial claims.
A Power of Attorney lets a trusted relative, friend, or appointed representative carry the case forward locally while the NRI remains in the UK. It does not hand over the case entirely, because the document can be drafted to define and limit exactly what the attorney may do.
Civil versus criminal proceedings: what an attorney can and cannot do
In civil proceedings, an attorney can usually be authorised to represent the principal fully, including instructing counsel, signing pleadings, and attending hearings. This is what makes a Power of Attorney so useful for property and civil disputes that an NRI cannot attend in person.
In criminal proceedings the position is different. Under the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced the Code of Criminal Procedure from 1 July 2024, an accused person is generally required to appear in person, although a court has a discretion to dispense with personal attendance in some situations. A Power of Attorney does not allow an attorney to stand in for an accused person in the substance of a criminal case.
General Power of Attorney versus a specific litigation Power of Attorney
A general Power of Attorney, which grants broad authority to manage a person’s affairs, is often not sufficient for court representation on its own. Courts usually expect a document that clearly authorises the conduct of the specific litigation.
For this reason a specific, or special, Power of Attorney for the case is usually the safer choice. It should name the proceedings where possible and expressly authorise the attorney to engage and instruct an advocate, sign and file the vakalatnama and pleadings, swear affidavits, and appear at hearings. A clearly drafted document reduces the risk of the court or the opposing side questioning the attorney’s authority.
How to execute an Indian Power of Attorney for court from the UK
You execute the document in the UK and then complete the steps required to make it usable in India. The process has a UK stage and an India stage.
In the UK, you sign the Power of Attorney before a Notary Public, who verifies your identity and witnesses your signature. The document is then apostilled by the Legalisation Office of the Foreign, Commonwealth and Development Office, or attested by the High Commission of India.
In India, the document is usually presented for adjudication and stamping, with stamp duty paid under the applicable stamp legislation, and, where it concerns immovable property or the court requires it, registered. The attorney then files it with the vakalatnama in the relevant court. Our guide on how to make an Indian Power of Attorney in the UK sets out the execution steps in more detail.
Choosing the right attorney
The attorney should be someone you trust completely, who is capable of handling the matter and is available to attend court when needed. Because the role involves making decisions in your name, the choice matters as much as the document.
It is sensible to appoint someone who understands the case or who will work closely with your advocate, and to define the attorney’s powers carefully so that authority is granted for the case but not beyond it. Our guidance on selecting the right attorney covers the practical considerations.
Frequently Asked Questions
Yes, in civil proceedings. A properly drafted Power of Attorney can authorise an attorney to instruct an advocate, sign pleadings, and attend hearings on the NRI’s behalf. In most criminal matters the accused must still appear in person.
Usually not. Courts generally expect a specific Power of Attorney that clearly authorises the conduct of the litigation, naming the proceedings where possible and setting out the powers to instruct counsel, sign pleadings, and attend hearings.
How Whytecroft Ford Can Help
Court representation from abroad depends on the Indian Power of Attorney being drafted for the specific case and executed correctly, because a document that is too general, or not properly apostilled and stamped, can be challenged or rejected. The civil and criminal distinction, and the limits on what an attorney can do, also need to be clear from the outset.
Whytecroft Ford drafts Power of Attorney documents for NRIs in the UK who need representation in court proceedings in India, advising on the scope and limits of the authority granted and on executing the document from the UK. The firm combines UK and Indian legal knowledge to prepare a document suited to the matter and the court.
To discuss your Power of Attorney with our team, call us on 0208 757 5751 or use our Contact Form to get in touch.
Sources
Written and reviewed by Whytecroft Ford’s Indian law team. Whytecroft Ford provides Indian legal services for non-resident Indians, including Power of Attorney drafting, property, and succession matters. All guidance is researched against primary sources, including Indian legislation and official guidance. Reviewed every six months, or sooner following a relevant change in the law. Last reviewed: 8 June 2026.
