SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYSCentral
Section 86 of The Code of Civil Procedure, 1908
Suits against foreign Rulers, Ambassadors and Envoys.
- (I)No. 1 *** foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government : Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 2[a foreign State] from whom he holds or claims to hold the property.
- (2)Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which 3 [the foreign State] may be sued, but it shall not be given, unless it appears to the Central Government that 3 [the foreign State ]
- (a)has instituted a suit in the Court against the person desiring to sue 4 [it], or
- (b)by 5 [itself] or another, trades within the local limits of the jurisdiction of the Court, or
- (c)is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or
- (d)has expressly or impliedly waived the privilege accorded to 4 [it] by this section. 6[(3) Except with the consent of the Central Government, certified in writing by a Secretary to that Government, no decree shall be executed against the property of any foreign State.]
- (4)The preceding provisions of this section shall apply in relation to 7[(a) any ruler of a foreign State;] 8[(aa)] any Ambassador or Envoy of a foreign State;
- (b)any High Commissioner of a Commonwealth country; and
- (c)any such member of the staff 9 [of the foreign State or the staff or retinue of the Ambassador] or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government may, by general or special order, specify in this behalf, 10[as they apply in relation to a foreign State.] 11[(5) The following persons shall not be arrested under this Code. namely:
- (a)any Ruler of a foreign State;
- (b)any Ambassador or Envoy of a foreign State;
- (c)any High Commissioner of a Commonwealth country ;
- (d)any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central Government may, by general or special order, specify in this behalf.
- (6)Where a request is made to the Central Government for the grant of any consent referred to in subsection (1), the Central Government shall, before refusing to accede to the request in whole or in part, give to the person making the request a reasonable opportunity of being heard.]
Summary
- You generally cannot sue a foreign State in India without written permission from the Central Government.
- This permission must be certified in writing by a Secretary to the Central Government.
- Permission is only given in four specific situations: the State sued you first, they trade in the court's area, they own property there and the suit is about that property, or they gave up their immunity.
- An exception exists for tenants: someone renting property from a foreign State can sue them regarding that property without needing special permission.
- Even if you win a case, you cannot take the foreign State's property to pay the debt unless the Central Government gives written consent.
- Foreign Rulers and their diplomatic staff cannot be arrested under the Code.
FAQ
1. Can I sue a foreign country in India under Section 86 of The Code of Civil Procedure, 1908?
Generally no, unless you obtain written consent from the Central Government Secretary, though there is an exception for tenants.
2. What happens if a foreign Ruler refuses to pay a court judgment under Section 86?
Under Section 86 of the 1908 Code, you cannot execute the decree against their property unless the Central Government provides written consent.
3. Can a foreign diplomat be arrested in a civil case under Section 86?
No, Section 86 of the Civil Procedure Code explicitly states that foreign Rulers and certain diplomatic staff shall not be arrested under the Code.
4. Under what conditions will the Central Government allow a suit against a foreign State under Section 86?
Consent is given if the State trades in the area, owns disputed land there, has already sued you, or has waived its privilege.
Test yourself
1.Under Section 86 of the 1908 Act, whose written consent is required to sue a foreign State?
2.Which person can sue a foreign State without consent under Section 86?
3.According to Section 86, when can a foreign State be sued if they are "trading"?
4.What protection is given to the property of a foreign State under Section 86(3)?