Section 89: Attorney may be appointed

1) If any party to a case is unable to appear in person to file a complaint, memorandum of appeal or statement of defense, submit evidence, recover the claimed amount, compensation or any other thing in pursuance of judgment or do any other necessary act pertaining to the case, that party may appoint an attorney on his or her behalf, setting out the reason for the same.

2) Notwithstanding anything contained in sub-section (1), no attorney may be appointed in the following circumstance:

(a) If the case relates to any offence under Schedule 1 or Schedule-2,

(b) If the accused who is required to make deposition pursuant to this Act has to appear personally in the court to make such deposition,

(c) If the accused is required to be on remand pursuant to this Act or is a person who is remanded in detention as a consequence of his or her failure to furnish such bail/bond or guarantee as demanded to be furnished by him or her,

(d) If the court so thinks necessary on any reasonable ground and orders the party to a case to appear personally in the court despite the circumstance that an attorney is already or may be appointed,

(e) Except where a person who is a foreign national or whose nationality is not known is in detention or has already furnished a bail/bond or guarantee, if such person fails to furnish a bail/bond or guarantee of an amount equivalent to the sentence which can be imposed on him or her upon judgment in the case in accordance with law,

(f) If there is any penalty, fine, ten percent fee, five percent fee imposed pursuant to a court order is due and payable, upon the party being default in payment of the same,

(g) If the court, showing any reasonable reason to do so, has passed an order disallowing the party to appoint an attorney. If any person appoints an attorney in contravention of sub-section (2), the court shall void such attorney.

4) Any person having the following qualification may be appointed as an attorney:

(a) Being competent to make contract under the law in force,

(b) Not having been sentenced for forgery, fraud, corruption or any other criminal offence involving moral turpitude,

Provided that nothing contained in this clause shall prevent any party to a case from appointing any of his or her joint family relatives as his or her attorney.

(c) No government claimed amount pursuant to any decision or fee, court fee, penalty or fine payable to the court in the execution of judgment being due and payable.

5) In appointing an attorney pursuant to sub-section (1), a power of attorney shall be executed in the form referred to in Schedule-36, stating the following matters:

(a) Subject matter of the case,

(b) Full name, surname, address including street, and age of the person to be appointed as attorney, his or her citizenship number and district of issue of citizenship certificate,

(c) Matter that the person to be appointed as attorney does not suffer any disqualification referred to in sub-section (4),

(d) Matter that any penalty, fine, ten percent fee and five percent fee imposed pursuant to a court order is not due and payable,

(e) The act authorized to be done by the attorney.

6) A power of attorney shall be witnessed by at least two persons.

7) A power of attorney shall bear signature or thumb impression of the party appointing the attorney and the witnesses.