Can son attend court proceedings on behalf of his father as a general power of attorney?


Any authorized person can represent cheque bounce case on behalf of the complainant by authorisation letter or general power of attorney as per law and principle laid down by the Supreme Court of India in many cases.

Yes, you can appear on behalf of your father by entering into General Power Of Attorney. But it is advisable that any person who wishes to appear in the court is very well aware of the facts and circumstances of the case as in trial courts at the stage of giving evidence his part will be very crucial.

The outcome of trial court rests on evidence both written and oral. Being so, itÕs advisable that a person who is aware of the facts of the case represents in the court.

Father can execute a Special Power of Attorney allowing his son to appear before Court. This provision is the statutory recognition of the maxim ‘Qui facit per aiium facit per se’ which means that he who does anything by another does it by himself. In other words, the general rule is that whatever a person may do himself he may authorize another to do for him.

Section 2 of the Powers-of-Attorney Act, 1882 empowers the donee of a power of attorney to do anything Ôin and with his own name and signatureÕ by the authority of the donor of the power.

However, the Court in its discretion may disallow appearance of son if he disturbs the decorum of the Court

You have to show your fathers age proof and any medical ailments certificates to the court. But the reason should be on bonafide in nature and also youu should be well aware of the facts and circumstances of the case and you should be able to answer all legal questions asked by other side counsel.

Reference: Section 2 of the Powers-of-Attorney Act, 1882.



Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City