Criminal

Vakalatnama in Criminal Proceedings

A Vakalatnama is a written document by which a client formally appoints and authorises an advocate to represent them in a legal proceeding. In criminal matters, it grants the advocate the power to act, appear, and make submissions on the client's behalf before the court.

This document is filed in the relevant criminal court, from the trial court to the Supreme Court. While the authority to appoint counsel stems from Order III of the Code of Civil Procedure, 1908, the practice is mirrored in criminal proceedings, with specific format requirements governed by the rules of the respective High Court or the Supreme Court Rules, 2013.

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Governing law
Order III CPC + High Court rules; SCR 2013 Order IV Rule 19 (Supreme Court)
Filed before
Trial Court / Sessions Court / High Court / Supreme Court

When this is the right filing

  • When a client is engaging a new advocate to represent them in a pending or fresh criminal case.
  • To formally record an advocate's appearance and authority to act on behalf of the accused, complainant, or appellant.
  • When an advocate needs to act on a client's behalf for connected proceedings, such as a bail application and its subsequent modification or cancellation, in the same court.
  • File a Memo of Appearance when an advocate must enter a formal appearance urgently, such as on a fresh hearing date, before the full Vakalatnama is executed.
  • Do not use this standard format for a Supreme Court filing without including the Advocate-on-Record's certification of execution, as required by the Supreme Court Rules, 2013.

What the court looks for

  • Clear identification of the client, including parentage, age, and address, matching the case record.
  • The full name, enrolment number, and contact details of the appointed advocate or advocates.
  • An express grant of the settled powers to act, appear, and compromise, along with a ratification clause for past actions.
  • Proper execution by the client, including signature and date, with acceptance endorsed by the advocate.
  • Compliance with state-specific stamp requirements, such as the affixation of an Advocates' Welfare Fund Stamp.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Vakalatnama
  2. 2Memo of appearance
How it opens
KNOW ALL TO WHOM THESE PRESENTS SHALL COME, that I/We, [client name], S/o/D/o/W/o [father name], aged about [age] years, R/o [address], the [party status] in the above-noted case, do hereby appoint and retain [advocate names], Advocate(s) (Enrolment No(s). [enrolment nos] respectively), having office at [office address]. Ph. [advocate phone], Email — [advocate email] (hereinafter called "the Advocate(s)"), to…

Bracketed items are filled from your case.

Frequently asked questions

Is a Vakalatnama required in criminal cases when the Code of Criminal Procedure does not define it?

Yes. Although the CrPC does not define a Vakalatnama, the authority to appoint a pleader is drawn from Order III of the Code of Civil Procedure, 1908, and this practice is uniformly followed in criminal courts. High Court rules also govern the specific format and stamp requirements for filing a Vakalatnama in criminal matters.

What is the difference between a Vakalatnama and a Memo of Appearance?

A Vakalatnama is the primary document that grants an advocate full authority to act and plead on a client's behalf. A Memo of Appearance is a more limited document used to enter a formal appearance before the court, often filed urgently when a hearing date is imminent and the full Vakalatnama is not yet ready, or as required by specific court registries like the Supreme Court.

Can a single Vakalatnama cover multiple connected criminal proceedings?

Generally, yes. Once filed, a Vakalatnama is deemed to be in force for connected proceedings in the same court, such as a bail application and a subsequent application for its modification or cancellation, unless the client has expressly restricted the advocate's authority in the document. It is standard practice to keep the powers broad to avoid filing a fresh document for each connected application.

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