Section 86 CPC: Suits Against Foreign States, Rulers, Ambassadors and Envoys

Section 86 of the Code of Civil Procedure, 1908 regulates civil suits against foreign States and extends specified protections to foreign Rulers, Ambassadors, Envoys, High Commissioners and certain members of their staff. The provision generally requires the written consent of the Central Government before a foreign State may be sued and also restricts execution against its property.

Current central law: Section 86 remains operative. The current central text contains six sub-sections covering prior consent for suit, grounds on which consent may be granted, execution against foreign-State property, application to specified diplomatic or foreign-State representatives, immunity from arrest, and an opportunity of hearing before refusal of consent.

Section 86 CPC - Suits Against Foreign Rulers, Ambassadors and Envoys

(1) 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 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:

(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 sub-section (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.

Meaning and effect of Section 86

  • A foreign State ordinarily cannot be sued in a competent Indian Court without written Central Government consent certified by a Secretary.
  • A tenant of immovable property has a specific statutory exception where the suit is against the foreign State from whom the tenant holds or claims to hold the property.
  • Consent under sub-section (2) is linked to the statutory grounds listed in clauses (a) to (d).
  • Separate Central Government consent is required before execution of a decree against property of a foreign State.
  • The protections extend, as specified, to foreign Rulers, Ambassadors, Envoys, Commonwealth High Commissioners and designated staff members.
  • The persons listed in sub-section (5) are protected from arrest under the CPC.
  • Before refusing a request for consent, the Central Government must give the applicant a reasonable opportunity of being heard.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.