Sridhevi (education) 05 February 2025
Accused issued GPA to her father to receive summons and appear n court
in april 2022 summons were delivered to GPA holder and he filed in court and took certified copies and went to quash thenafter not comming to court
Query
can you help give any judgement that proclamation can be issued if summons is delivered to GPA person where Accused is in USA
T. Kalaiselvan, Advocate (Advocate) 05 February 2025
In India, an accused cannot be presented before a court through a General Power of Attorney (GPA) holder; the Code of Criminal Procedure generally requires the accused to appear in person, meaning a third party like a GPA holder cannot represent them in criminal proceedings.
The Criminal Procedure Code mandates that the accused must appear in court personally, which means using a GPA holder to represent them is not allowed.
While generally not permitted, some courts might consider exceptional circumstances where a GPA holder could be allowed to represent an accused, but this would be very limited and heavily dependent on the specific case.
P. Venu (Advocate) 06 February 2025
What are the facts? Which Court? What is the Case No.?
Sudhir Kumar, Advocate (Advocate) 12 February 2025
If someone has opted GPA holder was competent to receive summons then service is complete.
However GPA hoder cannot take place of accused / witness.
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