(What Is a Special Power of Attorney (SPA) and Why is an SPA Necessary for NRIs)
Being an NRI, it can often be difficult to file a police complaint from abroad. However, in this article we will discuss one of the most essential requirements while filing a police complaint in India – something many NRIs may not be fully aware of. That is the importance of having a Special Power of Attorney (SPA) holder in India. While most NRIs might be able to file a police complaint in India (through online channels), the real challenge is in following up with that complaint. Regular follow-ups with police officials and providing them with enough evidence for the registration of an FIR is very rare without someone present locally. From our experience at NRI Legal Consultants, almost 90% of complaints never turn into an FIR. The main reason is that the NRI does not have anyone on the ground to pursue the matter. Sending an email through the proper channels does not constitute the registration of a FIR. The complainant must follow up with proper evidence and submissions and this conduct can’t be done from overseas.
This is where having a local representative through a Special Power of Attorney becomes absolutely necessary. A SPA (sometimes also called a Specific Power of Attorney) is one of the most crucial requirements for filing a police complaint from abroad. Without it, the chances of the complaint moving forward are very slim.
It is also important to understand that an advocate, attorney, or barrister cannot act as a SPA holder on behalf of an NRI. It is the SPA holder who has the authority to appoint an attorney to represent the NRI in court. An attorney cannot give a statement before the police on behalf of the complainant. An attorney can only represent the NRI before the courts and submit statements in court. The SPA holder is the one who gives the attorney the power to appear in court, but the attorney can never become the NRI himself.
In conclusion, for NRIs who wish to file and pursue a police complaint in India, appointing a trusted local representative through a Special Power of Attorney is not just helpful, but essential.
FAQs
Q: Can an attorney act as SPA holder?
A: No, an attorney can’t act as an SPA Holder on behalf of the client. It is the SPA who appoints the Lawyer to act on his behalf in court, not the other way around.
Q: Can a police Complaint in India be filed without a SPA?
A: Yes, however, it is advised to have a SPA in India as it makes the Process smooth and easy for the complainant.
Q: Can the person who holds the SPA sell any property and do any act without the consent of the NRI?
A: No. SPA’s are Special Power of Attorney’s which give special Powers only and they cannot be used for the purpose of selling any property in India.
Q: Can a SPA once issued be revoked ?
A: Yes, it can be revoked at any time.
Author Bio:
Adv. Jaspreet SinghBenipal, (B.A., LL.B., LL.M.) Advocate On Record (AOR), Punjab & Haryana High Court.