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Code of Civil Procedure, 1908 | Part IV: Suits in Particular Cases

Section 87A CPC - Definitions of Foreign State and Ruler

Section 87A of the Code of Civil Procedure, 1908 defines a foreign State and its Ruler for the relevant part of the CPC. It also requires courts to take judicial notice of whether the Central Government has recognised a State or a person as its head.

Key point: Recognition by the Central Government is central to both definitions. Section 87A concerns the status of foreign States and their heads; it does not itself grant permission to sue them or waive the protections of Section 86.

Section 87A CPC: Statutory provisions

Section 87A(1): In this Part,—

  1. "foreign State" means any State outside India which has been recognised by the Central Government; and
  2. "Ruler", in relation to a foreign State, means the person who is for the time being recognised by the Central Government to be the head of that State.

Section 87A(2): Every Court shall take judicial notice of the fact—

  1. that a State has or has not been recognised by the Central Government;
  2. that a person has or has not been recognised by the Central Government to be the head of a State.

What do "foreign State" and "Ruler" mean?

Foreign State: Section 87A(1)(a)

For the purposes of this Part of the CPC, a foreign State is a State outside India recognised by India's Central Government. The definition depends on official recognition, not merely on a territory calling itself an independent country. The recognition question may be relevant when determining the procedural treatment of a foreign State in an Indian civil court.

Ruler: Section 87A(1)(b)

The expression "Ruler" means the person whom the Central Government currently recognises as the head of the foreign State. It is a statutory expression and does not necessarily mean a monarch: the focus is the recognised head of State, rather than the title used in that country's constitutional system.

The words "for the time being" make the definition responsive to changes in the person recognised as head of State.

Section 87A(2): What is judicial notice?

Judicial notice means that a court recognises a specified fact without requiring it to be proved through the usual formal evidentiary process. Under Section 87A(2), every court must take judicial notice of the Central Government's recognition or non-recognition of a foreign State and of a person as that State's head.

Where the position is disputed or uncertain, reliable official material from the Government of India may be needed to ascertain the relevant recognition status. Section 87A does not authorise a civil court to independently make India's foreign-policy recognition decision.

  • Section 84: Governs when a foreign State may bring a suit in a competent Indian court to enforce a specified private right.
  • Section 85: Provides for persons specially appointed by the Central Government to prosecute or defend suits on behalf of foreign Rulers.
  • Section 86: Regulates suits against foreign States and certain diplomatic representatives, including requirements concerning Central Government consent and execution against foreign-State property.
  • Section 87: Concerns the style in which foreign Rulers are named as parties to suits.
  • Section 87B: Contains provisions relating to Rulers of former Indian States and should be read in its own statutory context.

Important distinction: Recognition under Section 87A is not the same as consent to sue under Section 86. Even where the identity of a foreign State is established, the procedural restrictions and exceptions under Section 86 may still apply.

Official legal references

Consult the India Code legislative database for the current consolidated Code of Civil Procedure, 1908, including applicable amendments. For questions of diplomatic recognition, consult the Ministry of External Affairs, Government of India. Official sources should be checked for subsequent amendments, notifications and jurisdiction-specific adaptations.

Frequently asked questions

Does every country outside India automatically qualify as a foreign State under Section 87A?

No. The statutory definition expressly requires recognition by the Central Government of India.

Does "Ruler" mean only a king or queen?

No. Under Section 87A, it means the person recognised by the Central Government as the head of the foreign State, regardless of the person's formal title.

Can a foreign State be sued in India simply because it is recognised?

No. Recognition does not remove the restrictions in Section 86 CPC, including the consent requirement and its statutory exceptions.

Why is Section 87A important?

It supplies the definitions and recognition framework used when applying the CPC's special provisions concerning foreign States and their heads.

This article explains the general central statutory framework. Particular disputes may require examination of the current statute, relevant government recognition and applicable court decisions.