CPC Section 86 — Suits against foreign Rulers, Ambassadors and Envoys
Civil
Summary
A foreign state cannot be sued in any Indian court unless the Central Government gives written permission, certified by a Secretary to that Government. However, a tenant can sue a foreign state for immovable property they hold or claim to hold from that state, without needing this permission. The Central Government may give permission for a specific lawsuit, several lawsuits, or all lawsuits of a certain type, and may also specify which court can hear the case, but only if the foreign state has already sued the person, or trades locally, or owns local immovable property related to the lawsuit, or has waived its immunity. A court decree cannot be enforced against a foreign state's property without the Central Government's written permission. These rules also apply to foreign rulers, ambassadors, envoys, High Commissioners of Commonwealth countries, and certain staff members specified by the Central Government. Additionally, these individuals cannot be arrested under the Code. If someone asks the Central Government for permission to sue, the Government must give them a fair chance to be heard before refusing the request.
Official Text
(I) No. 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 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 the foreign State may be sued, but it shall not be given, unless it appears to the Central Government that the foreign State
(a) has instituted a suit in the Court against the person desiring to sue it, or
(b) by 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 it by this section.
(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
(a) any ruler of a foreign State;
(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 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, as they apply in relation to a foreign State.
(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.