In a significant ruling, the Supreme Court has clarified that advocates cannot be held criminally liable for failing to verify the authenticity of a power of attorney handed over by a litigant for filing a case.
A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan emphasized that, under normal circumstances, an advocate is not expected to verify the genuineness of such documents. Discharging a lawyer from a criminal case involving allegations of cheating, forgery, and other offences, the Court observed:
“When a litigant, claiming to be a power of attorney holder for others, approaches an advocate with the original document and engages them to file a case, the advocate is not obligated to verify its authenticity.”
The case involved an advocate who sought relief from a criminal trial concerning multiple charges under the Indian Penal Code, 1860, including sections 406, 420, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, and 120B. The allegations stemmed from a tenancy case filed on the basis of an allegedly fabricated power of attorney.
The Supreme Court, after examining the charge sheet, ruled that there was no basis to proceed against the appellant. “Even assuming the assertions in the charge sheet are true, no case is made out to frame charges against the advocate,” the Court stated while granting relief.
However, the Court clarified that its decision was limited to the advocate’s liability and did not extend to the other accused in the case.
