Yes, a criminal complaint can be filed through a Power of Attorney (PoA) in India, subject to specific legal conditions;
The Supreme Court of India has settled the law that a Power of Attorney holder may sign and file a criminal complaint on behalf of the complainant if the PoA is valid and authorizes such action.
The PoA holder cannot file the complaint in their own name. The complaint must be brought on behalf of the principal (the person who granted the PoA), as the attorney is acting as an agent of the principal.
For offences like cheque-bounce under Section 138 of the Negotiable Instruments Act, the Supreme Court and High Courts have repeatedly held that the PoA holder must have personal knowledge of the relevant facts or transactions, and the complaint should explicitly state this knowledge.
Courts may scrutinise whether the PoA holder genuinely represents the complainant and has authority for that specific act. If the PoA is merely general without clear scope, this may affect maintainability.
Some High Court decisions indicate that in procedural matters (like petitions under Section 482 CrPC), the court might require the principal’s presence or personal verification unless strong reasons justify representation.
I hope this answers your query: can a criminal complaint be filed through power of attorney, or not.
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Can a Criminal Complaint be Filed through Power of Attorney?
ravi
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2025-12-16T19:38:51+00:00 2025-12-16T19:38:53+00:00Comment
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