Vakalatnama Format — Authorising Advocate in Indian Courts

# Vakalatnama Format — Authorising Advocate in Indian Courts

A Vakalatnama (from the Urdu/Persian words vakil meaning advocate, and nama meaning document/letter) is a written authority given by a litigant (the client) to an advocate to appear, plead, and act on their behalf before a court of law. It is the formal document that creates the attorney-client relationship in the Indian court system.

Without a Vakalatnama filed on record, an advocate cannot appear or act for a party in court proceedings. It is governed by Order III of the Code of Civil Procedure, 1908 (for civil courts) and Section 303 of the Code of Criminal Procedure, 1973 / Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (for criminal courts), as well as each court's own rules.

The Vakalatnama is different from a Power of Attorney — while a POA grants broad agency powers, a Vakalatnama specifically authorises legal representation in court proceedings only.

This is for informational purposes only and does not constitute legal advice.

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When to Use This Template

A Vakalatnama is required whenever:

- You are retaining an advocate to represent you in any civil, criminal, family, consumer, labour, or constitutional matter

- You want to change your advocate midway through a case (a new Vakalatnama for the new advocate is required)

- Your advocate files an appearance (Memo of Appearance) before the court on your behalf

- Any court proceeding requires formal representation by an enrolled advocate

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Sample Format — Civil Court Vakalatnama

```

IN THE [COURT NAME — e.g., COURT OF THE CIVIL JUDGE (SENIOR DIVISION), NAVI MUMBAI]

[OR: IN THE HIGH COURT OF JUDICATURE AT [STATE NAME], [BENCH, if applicable]]

VAKALATNAMA

[CASE TITLE — e.g., "IN THE MATTER OF: [PLAINTIFF'S NAME] vs. [DEFENDANT'S NAME]"]

[CASE NO. — if already filed: "[SUIT NO. / PETITION NO. / APPLICATION NO.] _____ OF 20__"]

[If new case, leave case no. blank or write "CS/WP/SA etc. to be filed"]

I/We, [CLIENT'S FULL NAME], [Age: XX years], son/daughter/wife of [PARENT'S/SPOUSE'S NAME], residing at [COMPLETE ADDRESS, CITY, PIN CODE], being the [PLAINTIFF/DEFENDANT/PETITIONER/RESPONDENT/APPLICANT/APPELLANT] in the above-mentioned matter, do hereby appoint, authorise, and empower:

Adv. [ADVOCATE'S FULL NAME]

Bar Council Enrollment No.: [ENROLLMENT NUMBER]

Chamber Address: [ADVOCATE'S OFFICE ADDRESS, CITY, STATE, PIN CODE]

[AND/OR, if briefing with another advocate:]

Adv. [SECOND ADVOCATE'S FULL NAME]

Bar Council Enrollment No.: [ENROLLMENT NUMBER]

Chamber Address: [ADDRESS]

(hereinafter collectively referred to as "my Advocate/s")

to appear, plead, and act for me/us in the above matter and all proceedings connected therewith, including but not limited to:

1. To appear before the above-named Court (including all appellate/revision courts, if required) and to plead, argue, and conduct the case on my/our behalf.

2. To file and present any pleadings, written statements, rejoinders, applications, petitions, affidavits, interlocutory applications, and all other documents as may be necessary.

3. To produce evidence, examine and cross-examine witnesses, produce documents, and mark exhibits.

4. To obtain copies of all orders, judgments, decrees, and documents in this matter.

5. To receive all notices, processes, and orders on my/our behalf and to acknowledge service thereof.

6. To compromise, settle, or consent to the disposal of the matter, subject to my/our prior written approval.

7. To appoint any other advocate as junior or colleague to assist in this matter, as my Advocate deems fit.

8. To make and receive payments as may be awarded, ordered, or agreed upon in connection with this matter.

9. To take all other steps necessary for the proper conduct of this case.

I/We undertake to ratify and confirm all acts done by my/our Advocate(s) in pursuance of this Vakalatnama.

I/We further state that the engagement of the above-named Advocate(s) shall be governed by the applicable professional conduct rules of the Bar Council of India.

Executed at [CITY] on this [DATE].

CLIENT'S SIGNATURE:

Signature / Thumb Impression: _______________

Full Name: [CLIENT'S FULL NAME]

Address: [ADDRESS]

Date: _______________

IDENTIFYING WITNESS (if required by court rules):

Signature: _______________

Name: _______________

Address: _______________

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ACCEPTANCE BY ADVOCATE(S):

I/We accept the above Vakalatnama and agree to appear, act, and plead for the client in the above matter as per Bar Council of India rules.

Signature: _______________

Adv. [ADVOCATE'S FULL NAME]

Enrollment No.: [NUMBER]

Date: _______________

```

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Sample Format — Criminal Court Vakalatnama

```

IN THE COURT OF THE [CHIEF JUDICIAL MAGISTRATE / SESSIONS JUDGE / METROPOLITAN MAGISTRATE],

[CITY/DISTRICT]

VAKALATNAMA

IN THE MATTER OF:

[CASE TITLE — e.g., "State vs. [ACCUSED'S NAME]" (for criminal trial) / "[COMPLAINANT] vs. [ACCUSED]" (for private complaint)]

[CASE NO.: FIR No. ___ / Sessions Case No. ___ / CC No. ___]

[POLICE STATION: ___ / Court: ___]

I, [ACCUSED'S / COMPLAINANT'S FULL NAME], [Age], son/daughter of [PARENT'S NAME], residing at [ADDRESS], being the [ACCUSED / COMPLAINANT / APPLICANT] in the above matter, hereby appoint:

Adv. [ADVOCATE'S FULL NAME], Enrollment No. [NUMBER], [ADDRESS]

as my Advocate to appear and represent me in the above matter and all proceedings connected therewith before this Court and any appellate / revision court.

I authorise my Advocate to:

1. Appear and represent me in all hearings of the above case.

2. File applications including bail applications, discharge applications, anticipatory bail applications, etc.

3. Cross-examine prosecution witnesses and examine defence witnesses on my behalf.

4. File and argue all applications, petitions, and appeals connected with this matter.

5. Receive all notices and orders on my behalf.

6. Do all other acts necessary for my effective representation in this matter.

I ratify all acts done by my Advocate in this matter.

Signature / Thumb Impression: _______________

Name: [CLIENT'S FULL NAME]

Date & Place: _______________

ACCEPTED BY ADVOCATE:

Adv. [NAME], Enrollment No. ___

Date: _______________

```

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Key Elements Explained

**Parties**

The Vakalatnama must clearly identify the client (name, address, and their role in the proceedings — plaintiff, defendant, petitioner, accused, etc.) and the advocate(s) being appointed (full name, bar council enrollment number, address).

**Scope of Authority**

The enumerated powers cover the full range of court activities. Courts may require specific mention of the authority to compromise or settle — this should be limited to "subject to client's prior written approval" unless you genuinely want to give your advocate that authority.

**Signing in Presence of Advocate**

The Vakalatnama is typically signed by the client in the presence of the advocate. The advocate also signs their acceptance. Some courts require the client to appear before the court to sign, but most courts accept a Vakalatnama signed in the advocate's office.

**Case Number**

If the case is already filed, insert the case number. If a new case is to be filed, leave it blank or write the type of case — the Vakalatnama is still valid.

**Court Fee Stamp**

Many courts require a court fee stamp on the Vakalatnama. The value varies by court and state — typically Rs. 2–10. Check the specific court's rules. In Maharashtra, a court fee stamp is generally affixed on the Vakalatnama.

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Important Notes

**Changing Advocates (Discharge of Vakalatnama)**

If you want to change your advocate midway through a case, the process depends on the stage of the matter. In many courts, the advocate must either consent to their discharge or the court must grant permission to discharge. You then file a fresh Vakalatnama for your new advocate. This process is governed by the court's rules and the Bar Council of India Rules.

**Advocate's Lien**

Under the Advocates Act, 1961 and common law, an advocate has a lien on documents in their possession until their fees are paid. Be clear about fee arrangements to avoid disputes.

**Not a Power of Attorney**

A Vakalatnama gives authority only for court proceedings. It does not authorise the advocate to execute property documents, sign contracts, or do any act outside the court proceedings on your behalf. For broader authority, a separate Power of Attorney is required.

**Termination**

A Vakalatnama automatically terminates when the case is disposed of (final judgment, decree, or order). It can also be revoked by the client or surrendered by the advocate during the pendency of the case, subject to court rules.

**One Vakalatnama Per Case**

Each case requires a separate Vakalatnama. If you have multiple cases, your advocate needs a separate Vakalatnama for each one.

**Court Fee Stamps**

Requirements for court fee stamps vary: High Courts and Sessions Courts often have specific requirements. Check the specific court's rules before filing.

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FAQ

**Q1. Can I appear in court without a Vakalatnama, i.e., represent myself?**

Yes. Under Order III CPC and Section 303 CrPC / Section 340 BNSS, every person has the right to appear in court in person (as a litigant in person). You do not need to appoint an advocate. However, appearing without legal representation in complex matters is generally inadvisable. Courts do make accommodations for self-represented litigants but the rules of procedure still apply.

**Q2. What if my advocate loses my Vakalatnama?**

A duplicate can be signed. The Vakalatnama is a private document — there is no original filed with the court in most cases (it is retained by the advocate). If the matter involves a High Court or Supreme Court, the Vakalatnama may need to be filed on record. In such cases, a fresh copy can be executed and filed.

**Q3. Can an advocate act on an oral instruction without a Vakalatnama?**

Courts require a Vakalatnama or Memo of Appearance to allow an advocate to formally appear. An advocate acting without a Vakalatnama on record is technically not authorised to appear and the court may not recognise their appearance. In emergency situations, some courts may permit an advocate to make an oral application for time to file the Vakalatnama. However, for all substantive hearings, a proper Vakalatnama on record is required.

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*This template is provided for educational and informational purposes only. It does not constitute legal advice. Court-specific rules for Vakalatnamas vary across different courts and states. Your advocate will guide you through the correct format and procedure for your specific court and matter.*