# Drafting Vakalat in Criminal Cases

- Link: https://section1.in/drafting-vakalat-in-criminal-cases/
- Published: 2026-10-25T12:17:50+00:00
- Author: lawsection

Vakalat or vakalatnama or Memorandum of Appearance is a document that authorizes
a advocate to act as a legal representative a person on behalf of whom a case is
going on in the courts, this vakalat is used in all cases civil or criminal and 
whether it is a fresh case/suit or if there is a change in advocate who is representing
the party (change of vakalat). The vakalat does not need to be like a form filled
in strict manner. It just has to follow the structure, and this structure is present
in the Tamilnadu Criminal Rules of Practice, 2019: Judicial Form No.71.

Further rules regarding the vakalat are addressed in rule 27 of the same enactment,
such as that vakalat only authorizes for that particular case alone, can only be
done by advocates enrolled in bar, that the advocate must sign with their enrollment
number and office of address, further more this vakalat needs to be attested by 
some another that the vakalat was read out and explained in language preferred by
the party. This attestation is done by gazetted officer or a bar enrolled advocate
along with their enrollment number and address of office. The basic structure of
the vakalat is thus,

**VAKALATHNAMA**

IN THE COURT OF ………………….
Case No. ……….. of …………..

 …. Petitioner/Accused/Complainantvs. …. Respondent/Complainant/Accused

I/we do hereby appoint and retain Mr./Ms./Mrs./M/s. ………………………….. to appear for 
me/us in the above case on my/our behalf and to plead and I/we further empower him/
her/them to accept on my/our behalf, service of notice of all proceedings in the
above case, until disposal of the case.

[Signature/Accused/ Complainant/Respondent]

I certify that the contents of this Vakalatnama were read over and explained in ……(
state the language) in my presence to the Executant who appeared perfectly to understand
the same and made his/her/ their signature in my presence .

Executed before this …..day of ….. ……. 20…

[Signature & Enrollment No.] I / We accept the Vakalathnama. [Advocate]

The address for service of the advocate with Enrolment No., Mobile No. andemail
id.Name and address of the party(ies) with Mobile No. and email id if any & any 
Identity Card No.

However this vakalat structure can be modified a little written or printed and bears
no consequences. Along with this there needs to be certain stamps affixed on the
vakalat document that is 10 rs stamp (judicial) and commonly referred welfare/vakalat
set stamp (The Tamil Nadu Advocates’ Welfare Fund stamp fee and the Tamil Nadu Advocates’
Clerks’ Welfare Fund stamp fee which are valued at Rs. 120 and Rs. 20). These stamps
are addressed in law of court fees, tamil nadu, Schedule II:Article-1 (16) of the
Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955),
and The Tamil Nadu Advocates Clerks Welfare Fund Act, 1999 (Act 25 of 1999: Published
on 17.6.1999). Revenue from these stamps goes directly to the Advocates Welfare 
Fund, which provides social security to advocates. And no vakalat is deemed legal
or valid in Tamil Nadu if the above mentioned stamp is not present.

**_ Written by Thiru. M. Monish M (Reg. No: RA2361002010021), IV-Year B.A. LL.B.,
SRM School of Law, Chennai, during an internship at the Chambers of Adv. Ramprakash
Rajagopal, Tamilnadu**.

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