Vakalatnama

What it means

A vakalatnama is the written authority a party gives an advocate to appear and act for them in a case. Order III Rule 4(1) of the Code of Civil Procedure, 1908 says no pleader may act for a person in any court unless appointed by a document in writing signed by that person, or by their recognised agent or another person duly authorised by a power of attorney.

Under Order III Rule 4(2), the vakalatnama is filed in court and stays in force until it is ended with the leave of the court by a signed writing from the client or the advocate, until the client or the advocate dies, or until all proceedings in the suit have ended for that client. Proceedings in the suit include things like review applications, appeals and applications for copies or refunds. An advocate engaged only to plead, and not to act, files a signed memorandum of appearance instead under Order III Rule 4(5).

In criminal cases, Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives every person accused of an offence, or against whom proceedings are started under the Sanhita, the right to be defended by an advocate of their choice. The accused appoints that advocate through a vakalatnama in the same way.

Under Section 27 of the Advocates' Welfare Fund Act, 2001, the advocate must affix a welfare fund stamp on every vakalatnama filed: Rs 5 in a District Court or a court below it, and Rs 10 in a tribunal, other authority, High Court or the Supreme Court. The appropriate Government may prescribe a higher value of up to Rs 25, and different values for different courts. The cost of this stamp cannot be recovered from the client. Section 38 says the central Act does not apply in states that have their own advocates' welfare fund laws listed in its Schedule II, and those laws set their own stamps.

The law

When it matters

• You have hired an advocate to file or defend a civil suit, family case or criminal case.
• You want to change your advocate in a pending case.
• You are abroad or unwell and someone holding your power of attorney needs to engage an advocate for you.
• You have been arrested or charged and want an advocate of your choice to appear for you.

Example

Sunita hires an advocate to defend a recovery suit filed against her in the district court. She reads and signs the vakalatnama in his name, he signs to accept it and affixes the welfare stamp, and it is filed with her written statement. Two years later she wants a different advocate, so the new advocate files a fresh vakalatnama and the old one is withdrawn with the court's leave.

Watch out for

• Read the vakalatnama before signing. Printed forms often give the advocate wide powers, such as to compromise or withdraw the case, and you can ask for clauses to be changed.
• Changing your advocate needs the court's leave, or the earlier vakalatnama to come to an end in another way allowed by Order III Rule 4(2). Settle this properly so that two advocates are not left on record for you.
• Keep a copy of the signed vakalatnama and note the advocate's enrolment number. Courts and registries may refuse papers filed by someone without a valid vakalatnama on record.

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