Case Lifecycle Explorer
Pick a case type, see the whole journey from the first step to the end, and tap any stage to see what it is for, what feeds into it, what comes out of it, the papers involved, the time limits, the relaxations and the costs.
Round one: BNS s.85 (cruelty by husband or relatives), Domestic Violence Act cases, Maintenance cases. More case types will follow.
General legal information for educational and awareness purpose, not legal advice for a particular client or case. Consult an advocate of your choice who is responsible, transparent and reachable to you and charges reasonable fees considering the quantum of work involved in the case at hand.
Subject to change. The content of this page is subject to new information acquired over time. It is updated as law, rules and court practice change. Check the date of last update before you rely on it: Last updated: 16-Oct-2026. The Hindi and Telugu versions of this note are reviewed by Adv Sandeep Pamarati. English governs.
1. Choose your case
2. I am on the side of
3. Tap a stage
4. Court fees and costs
6. If a party is outside India: who signs what, and how
Courts here look for a genuine signature or oath. For a party abroad, signing before an Indian consular officer is the safest route. Other routes are used in practice and are marked as such. The Hindi and Telugu versions of this section are reviewed by Adv Sandeep Pamarati. English governs.
author’s practice = from the author’s own court filings, not a rule. verified partly verified not verified as in the key below.
A. Complainant or petitioner side
Who appears
- Police case (for example BNS s.85 on a charge sheet): the State prosecutes through the Assistant Public Prosecutor (APP) in the Magistrate’s court and the Public Prosecutor in the Sessions Court. BNSS s.18 and s.19 (old CrPC s.24 and s.25). The complainant abroad signs nothing for the APP. verified
- The APP in charge may appear and plead without any written authority. BNSS s.338(1) (old CrPC s.301(1)). verified
- A private advocate instructed by the complainant acts under the directions of the APP and may, with the court’s permission, file written arguments after the evidence. BNSS s.338(2) (old CrPC s.301(2)). The court may also permit the victim to engage an advocate of choice to assist the prosecution: proviso to BNSS s.18(8). verified
- A Magistrate may permit any other person to conduct the prosecution, personally or through an advocate. BNSS s.339 (old CrPC s.302). verified
- Private complaint, DV Act application, maintenance petition: a private advocate appears for the complainant or petitioner and a vakalatnama is filed.
- Karnataka: the advocate appearing for the prosecution files a vakalatnama (a memorandum of appearance is allowed only in criminal appeals). A complainant who has engaged an advocate is not heard in person unless the vakalatnama is withdrawn. Karnataka Criminal Rules of Practice 1968, rule 6(1) and 6(4). verified
Documents signed abroad: what to use
- Safest for any document: sign before an Indian consular officer. An Indian diplomatic or consular officer may administer oaths, take affidavits and do notarial acts, with the same effect as in India, and the seal and signature are received without proof. Diplomatic and Consular Officers (Oaths and Fees) Act 1948, s.3. verified
- Vakalatnama: it must be signed by the client or an authorised agent (CPC Order III rule 4). In AP the execution must be before, or attested by, one of the listed officers: Andhra Pradesh Civil Rules of Practice, rule 31. The AP High Court held on 11-Feb-2026 that an unattested vakalat is defective (secondary source). verified for the rules, partly verified for the ruling. A scan, e-signature or unattested copy: not verified.
- Signed and notarised abroad, sent by courier or post: vakalatnamas and affidavits (chief examination affidavit, income affidavit) signed and notarised in two foreign countries, without apostille, and sent to the advocate by courier or by the foreign postal service, were accepted by the Family Courts and the Chief Metropolitan Magistrate courts at Vijayawada and Bengaluru. author’s practice The rule texts read name Indian officers and Indian notaries, not foreign notaries, so this is practice and not a rule. Other courts: not verified.
- Apostille: not a validity condition of the document. It replaces consular legalisation and shows that the foreign notary or official is genuine. The Ministry of External Affairs says an apostilled document is treated as legalised in India. It applies only if both countries are in the Hague Convention and neither has objected to the other’s accession (India and Germany, and India and China, are cases where the Convention does not operate between them). Check the Hague status table for the country. verified
- Affidavit: must be sworn. CPC s.139 names Indian courts, Indian notaries and officers appointed by the High Court. verified
Power of attorney (GPA, SPA)
- The court presumes that a power of attorney executed before and authenticated by a Notary Public, a Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government was so executed. BSA s.84 (old Evidence Act s.85). It covers powers of attorney only, not vakalatnamas or affidavits. verified
- If only a foreign notary is used, High Courts differ on whether the country must be notified under Notaries Act s.14. Kerala High Court (2025) says proof of reciprocity is needed. Madras High Court Division Bench says it is not (secondary sources). The official list shows five notifications: UK, Hungary, Belgium, New Zealand, Ireland. No AP, Telangana or Karnataka ruling found. partly verified
- A power of attorney cannot be e-signed: it is excluded from the e-signature provisions (IT Act First Schedule, item 2). verified
- What the holder can say in court: a power of attorney holder can sign, file and depose only about facts he knows personally or acts he did under the power. He cannot depose for the principal on what only the principal knows, and the principal is the one open to cross-examination on it. Janki Vashdeo Bhojwani v Indusind Bank, (2005) 2 SCC 217. Man Kaur v Hartar Singh Sangha, (2010) 10 SCC 512, para 12. In a cheque-dishonour complaint (s.138 NI Act) the holder may depose only if he witnessed the transaction or knows it, and the complaint must say so: A.C. Narayanan v State of Maharashtra, (2014) 11 SCC 790, para 26. verified These are civil cases and s.138; a direct authority for BNS s.85, the DV Act or maintenance cases: not verified
Evidence and presence
- Trials, inquiries and proceedings, including examination of witnesses, may be held in electronic mode. BNSS s.530. Old CrPC s.273 required evidence in the accused’s presence; the Supreme Court held that video conference satisfies it (State of Maharashtra v Praful B. Desai, 2003). verified
- Mutual-consent divorce (HMA s.13B): the court may use video conferencing and allow a close relative to represent a party (Amardeep Singh v Harveen Kaur, Supreme Court, 12-Sep-2017). verified
- Family Courts Act s.13: no party can claim a legal practitioner as of right. The court may seek the assistance of one. verified
- Maintenance: both parties file the Affidavit of Disclosure of Assets and Liabilities (Enclosures I to III). Rajnesh v Neha, (2021) 2 SCC 324. verified How a party abroad must swear it: see the affidavit points above.
B. Accused side
Who appears and on what paper
- An accused may of right be defended by an advocate of his choice. BNSS s.340 (old CrPC s.303). verified
- Memorandum of appearance instead of a vakalatnama: in criminal proceedings the advocate for the accused files a vakalatnama or a memorandum of appearance with a declaration that he is duly instructed, giving the enrolment number, address and the name and address of the person who instructed him. Karnataka: Criminal Rules of Practice 1968, rule 6(2). verified Karnataka High Court decisions say a vakalatnama is not needed in a criminal case if such a memo is filed (secondary sources). partly verified
- Andhra Pradesh and Telangana: advocates for the accused file a memo of appearance in practice, and no court has objected. author’s practice The rule number is not verified (a law-firm form cites a rule, but it was not found in the official AP and Telangana text).
- DV Act applications and maintenance cases (Family Court or Magistrate) are civil in nature. Use a vakalatnama unless the court’s practice is confirmed. Memo of appearance there: not verified
- The Magistrate may dispense with the accused’s personal attendance and permit appearance by advocate: BNSS s.228 (old CrPC s.205). Trial may proceed in the absence of an accused represented by an advocate: BNSS s.355 (old CrPC s.317). verified Either way, the advocate must be properly instructed.
- Affidavits, powers of attorney and documents abroad: the same points as in A above.
Registries and judges differ. Before sending papers abroad, check the current practice of the court and check your city’s Indian mission website for how it attests documents. “Not verified” means no source was found. This is general legal information, not legal advice.
How to read the labels. verified checked against the cited text or source. partly verified a source exists but current applicability is not confirmed. not verified no source found yet. Where a line says “verify”, the point was drawn from general knowledge of the law and should be checked against the current text before relying on it. Old CrPC/IPC section numbers are given beside BNSS/BNS ones. Sources include India Code section pages (indiacode.ecourtsindia.com), the PWDV Act text (commonlii.org), the Supreme Court and High Court judgments linked above, and the Shades of Knife lifecycle posts on Life Cycles of Various Case Types.
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