"Understanding the Validity of Evidence deposed by Power of Attorney holder in Legal Proceedings”

A Power of Attorney is a legal document that authorizes an individual or an organization to act on behalf of the principal in various matters, including legal, financial, business or personal affairs. In situations where the principal is unable to personally handle certain matters, a power of attorney can be of great help and convenience. One of the key aspects of a power of attorney is its ability to authorize the attorney-in-fact or the person appointed by the principal, to depose on behalf of the principal in legal proceedings.

In recent years, there has been a growing debate about the admissibility and validity of evidence given by a power of attorney holder in legal proceedings. While some argue that a power of attorney should not be allowed to depose on behalf of the principal, others maintain that as long as the evidence is within the personal knowledge of the principal, it should be deemed admissible.

The Apex Court has held in a catena of judgments that a person who deposes on behalf of the principal through a power of attorney must have a personal knowledge of the facts and documents related to the case. The deposition of the power of attorney holder cannot be based solely on hearsay or secondary evidence. In another landmark case of Government of India v. Indra Devi (2003), it was observed that when the power of attorney holder is representing the principal, the judge should record in writing that he is permitted to appear and act on behalf of the principal. Furthermore, in this case, the Court held that if the evidence submitted by the power of attorney holder is based on documentary evidence, which are public documents, it can be relied upon as no personal knowledge is required to establish the case of the principal.

Similarly, in John Kennady v. V. Bhagavathi (2008), the Court held that the evidence given by a power of attorney holder must be considered only at the time of final disposal of the case and cannot be rejected at the threshold. The Court also observed that if anything mentioned in the evidence goes beyond the personal knowledge of the principal, it can be disregarded by the Court. In R.Sundar v. R.Viswanathan (2009), the Madras High Court held that a power of attorney holder cannot be prevented from presenting evidence based on the Documents and their personal knowledge of the facts of the case, unless the Court finds that they have mentioned something beyond the personal knowledge of the principal. In light of these precedents, it can be inferred that a power of attorney holder can depose on behalf of the principal in legal proceedings, as long as the evidence is based on personal knowledge and relevant documents.

However, the Court has the authority to disregard any evidence given by the power of attorney holder if it is found to be based on hearsay or something beyond the personal knowledge of the principal.

Some of the circumstances where a power of attorney can depose on behalf of the principal are:

1. Inability of the principal to attend court proceedings: A power of attorney holder can depose on behalf of the principal if the latter is unable to physically attend the court proceedings due to illness, disability, or any other reason.

2. Expertise or knowledge of the power of attorney holder: In case the principal lacks knowledge or expertise in a particular matter, he/she may authorize a power of attorney holder who has relevant expertise to give evidence on their behalf.

3. Authorization by the principal: A power of attorney holder can only present evidence if he/she is explicitly authorized by the principal to do so. Without proper authorization, the evidence given by the power of attorney holder may be considered invalid.

4. Evidence based on personal knowledge and relevant documents: As established by the court cases mentioned above, a power of attorney holder can only depose based on personal knowledge and relevant documents.

Any information based on hearsay or beyond the knowledge of the principal can be disregarded by the Court. In conclusion, a power of attorney can depose on behalf of the principal in legal proceedings, as long as the evidence is based on personal knowledge and relevant documents. The power of attorney holder must also be explicitly authorized by the principal to give evidence on their behalf.

The Court has the ultimate authority to decide on the admissibility and validity of the evidence given by a power of attorney holder, based on its relevance and adherence to the principles laid down by the Supreme Court.

-Kunal Sinha

Advocate