My defendant committed purgery in my succession case. I filed a purgery case which is a criminal case against her I have a prediction that she may not appear upon summoning after my preliminary evidence. She may give authority via GPA to another person to appear on her behalf. My advocate is somehow in favour of her and says let the GPA attend the court dates on my defendant's behalf and that my defendant will still be accused. Is this correct?

In the case of a criminal matter such as perjury, the accused individual must personally appear before the court to answer the charges. Granting a General Power of Attorney (GPA) to another person to represent them in criminal proceedings such as a perjury case is not valid in India. The accused person cannot avoid personal appearance in court by delegating authority through a GPA.

If the accused person fails to appear in court after being summoned, the court may issue a warrant for their arrest. It is important for the accused person to appear before the court and defend themselves against the charges.

If your advocate is suggesting that the GPA can attend court on behalf of the accused without the accused's appearance, this advice is incorrect and risky. It is crucial for the accused person to personally appear in court during the proceedings to face the charges of perjury.

It is advisable to consult with another lawyer who fully understands the legal implications and requirements of criminal proceedings to ensure that your case is properly represented and that the accused person complies with the legal obligations.