(What Is a Special Power of Attorney (SPA) and Why is an SPA Necessary for NRIs)
A Special Power of Attorney (SPA) under the Powers of Attorney Act, 1882 is a limited, task-specific authority — for example, to file and pursue a criminal complaint or to register an FIR for land kabza. Because an NRI generally cannot pursue a criminal complaint in person from abroad, a registered SPA holder in India acts as the local representative who engages the advocate, provides evidence and follows up with the police. The SPA holder appoints the advocate, not the other way round. Registering the SPA before the Sub-Registrar adds evidentiary weight. — Adv. Jaspreet Singh Benipal
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.