Bailabel Type : bailable

Description

Section 84 of the Code of Civil Procedure (CPC) deals with the circumstances under which foreign states (countries that are not India) can file a lawsuit in Indian courts. This provision provides the guidelines for foreign governments or their representatives when they wish to initiate legal action in India.

Key Provisions of Section 84:

1. Right to Sue for Foreign States:

   • Section 84 states that a foreign state can sue in India only if they are represented by an official appointed for that purpose.
   • In essence, a foreign state can only initiate legal proceedings in India if it has a representative or agent legally recognized by the Indian courts.
   • The foreign state must designate an agent to represent it in the legal process and that representative must be able to file a suit on behalf of the foreign state in Indian courts.

2. Appointment of Representative:

   • The foreign state can appoint a representative or agent through an official process. This representative will act on behalf of the foreign state in any legal action that the foreign state wants to pursue in India.
   • The representative may be a diplomat or another official authorized by the foreign state. This representative must be recognized by Indian law and Indian courts.

3. Jurisdiction of Indian Courts:

   • For a foreign state to sue in India, the Indian courts must have jurisdiction over the matter at hand. This means that the legal issue must have some connection to India, such as the dispute involving property in India, a contractual issue with an Indian entity, or any other relevant ties to India.

4. Diplomatic and Legal Immunity:

   • Foreign states enjoy certain immunities in Indian courts. This means that they are generally protected from lawsuits unless they waive this immunity or the matter pertains to specific legal issues where immunity does not apply.
   • The provision ensures that foreign states have access to the Indian judicial system while also respecting diplomatic privileges and immunities granted under international law.

5. Enforcement of Judgment Against Foreign States:

   • If a foreign state obtains a judgment from an Indian court, enforcing the judgment may be complicated, especially if the foreign state is immune from execution of the decree under international law.
   • For example, a foreign state cannot be compelled to pay a debt if such an action would violate the principles of diplomatic immunity.

6. No Suit by Foreign State Without Representative:

   • A foreign state cannot sue in India unless it has appointed a legally recognized representative. This section ensures that there is a clear and formal process through which foreign governments or states interact with the Indian legal system.

Punishment

Section 84 does not specify criminal punishments for foreign states or their representatives. However, there are civil consequences for non-compliance or failure to follow the procedures outlined in this section.

1. Dismissal of Suit:

   • If a foreign state attempts to initiate a suit in India without following the proper procedure (e.g., failing to appoint a recognized representative), the Indian courts can dismiss the case. This would result in the foreign state being unable to pursue its legal action in India until the required formalities are fulfilled.

2. Contempt of Court:

   • If a representative of a foreign state engages in actions that disrupt the judicial process or misrepresents their authority in filing a lawsuit, the courts may initiate contempt of court proceedings. Contempt could lead to penalties such as fines or imprisonment depending on the severity of the conduct.

3. Costs of Legal Proceedings:

   • If a foreign state’s suit is found to be improperly filed, the court may impose the costs of legal proceedings on the foreign state or its representative. This includes court fees and costs associated with the wrongful initiation of the lawsuit.

4. Immunity from Enforcement:

   • While a foreign state can sue in Indian courts, enforcing a judgment may be challenging if the foreign state claims diplomatic immunity or if the judgment involves actions that violate the international immunity principles. In such cases, the foreign state may be able to avoid execution of the decree.