Section 87A of The Code of Civil Procedure, 1908
Definitions of foreign State and Ruler.
- (1)In this Part,— (a)“foreign State” means any State outside India which has been recognised by the Central Government; and
- (b)“Ruler”, in relation to a foreign State, means the person who is for the time being recognized by the Central Government to be the head of that State.
- (2)Every Court shall take judicial notice of the fact—
- (a)that a State has or has not been recognized by the Central Government;
- (b)that a person has or has not been recognized by the Central Government to be the head of a State.
Summary
- This section defines a "foreign State" as any State outside India that the Indian Central Government has recognized.
- It defines a "Ruler" as the person officially recognized by the Central Government as the head of a foreign State.
- All Indian courts must accept as a fact whether a country or a leader has been recognized by the Central Government.
- This means the court doesn't need extra proof; it simply takes "judicial notice" of the government's recognition.
FAQ
1. Who decides what counts as a "foreign State" under Section 87A?
Under Section 87A of The Code of Civil Procedure, 1908, it is any State outside India recognized by the Central Government.
2. How does a court know who the "Ruler" is under Section 87A?
Section 87A of the 1908 Code defines the Ruler as the person recognized by the Central Government to be the head of that State.
3. Does a plaintiff have to prove that a foreign State is recognized in court under Section 87A?
No, Section 87A of the Civil Procedure Code states that every Court shall take judicial notice of the fact that a State or person has been recognized.
Test yourself
1.Under Section 87A of The Code of Civil Procedure, 1908, a "foreign State" is defined by recognition from:
2.What must a Court do regarding the recognition of a Ruler under Section 87A?
3.According to Section 87A, a "Ruler" is specifically the person recognized as:
4.If the Central Government has not recognized a country, can it be a "foreign State" under Section 87A?