Introduction
Section 83 of the Code of Civil Procedure, 1908 deals with the circumstances in which aliens, that is, foreign nationals, may institute civil suits in Indian courts.
- Introduction
- Section at a Glance
- Meaning of “Alien”
- Alien Friend
- Alien Enemy
- Basic Rule Under Section 83
- Purpose and Object of Section 83
- Alien Friend vs Alien Enemy
- Alien Enemy Residing in India
- Does Section 83 Apply to Every Foreign National?
- Section 83 and War
- Can an Alien Friend Sue for All Claims?
- Section 83 and Capacity to Sue
- Practical Example
- Section 83 and Section 84 CPC
- Section 83 and Section 85 CPC
- Important Distinction: Alien vs Foreign State
- Common Confusions About Section 83 CPC
- Practical Importance in Civil Litigation
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
- Conclusion
The provision establishes the general rule that an alien friend may sue in Indian courts, subject to the conditions prescribed by law. It also deals with the position of alien enemies and places restrictions on their right to sue.
Section 83 is therefore an important provision concerning the capacity of foreign nationals to institute civil proceedings in India.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 83 CPC |
| Subject | When aliens may sue |
| Main subject | Foreign nationals and their right to institute suits |
| Alien friend | Generally permitted to sue |
| Alien enemy | Restricted from suing in specified circumstances |
| Main consideration | Relationship between the foreign national and India |
| Related provisions | Sections 84, 85 and 86 CPC |
Meaning of “Alien”
An alien means a person who is a citizen or subject of a foreign State and is not a citizen of India.
Section 83 distinguishes between:
- Alien friends; and
- Alien enemies.
This distinction is important because the legal capacity of an alien to sue depends upon the person’s status and the relationship between India and the foreign State concerned.
Alien Friend
An alien friend is a foreign national whose State is not at war with India.
An alien friend is generally permitted to sue in Indian courts, subject to the ordinary requirements of law.
Therefore, the basic principle is:
Alien friend → May sue in Indian courts.
The right is, however, subject to the conditions and restrictions contained in the CPC and other applicable laws.
Alien Enemy
An alien enemy is a foreign national whose State is at war with India.
The position of an alien enemy is different from that of an alien friend.
An alien enemy residing in India without the permission of the Central Government cannot ordinarily sue in an Indian court.
Thus:
Alien enemy + no permission of Central Government → Cannot sue.
However, an alien enemy residing in India with the permission of the Central Government may be permitted to sue, subject to the applicable legal requirements.
Basic Rule Under Section 83
Section 83 establishes two broad principles:
1. Alien Friend
An alien friend may sue in Indian courts.
2. Alien Enemy
An alien enemy residing in India without the permission of the Central Government cannot sue.
The provision therefore recognises the special position of foreign nationals whose countries are in a hostile relationship with India.
Purpose and Object of Section 83
The main objectives of Section 83 are:
1. Regulation of Foreign Litigants
The provision determines when foreign nationals can invoke the jurisdiction of Indian civil courts.
2. Protection of National Interests
Restrictions on alien enemies are based upon considerations of national security and public policy.
3. Recognition of International Relations
The provision takes into account whether the foreign national’s State is at peace or at war with India.
4. Controlled Access to Indian Courts
The provision balances access to justice with the interests of the State.
Alien Friend vs Alien Enemy
| Basis | Alien Friend | Alien Enemy |
|---|---|---|
| Meaning | Foreign national whose State is not at war with India | Foreign national whose State is at war with India |
| Right to sue | Generally permitted | Restricted |
| Permission | Generally not required merely because of alien status | Required in specified circumstances |
| Main consideration | Friendly relationship | Hostile relationship |
| Section 83 position | May sue | Cannot ordinarily sue without required permission |
Alien Enemy Residing in India
The residence of an alien enemy in India is particularly important.
Where an alien enemy resides in India without the permission of the Central Government, the person cannot institute a suit in an Indian court.
If the person resides in India with the permission of the Central Government, the statutory restriction does not operate in the same manner.
Thus, permission of the Central Government is an important factor in determining the right of an alien enemy to sue.
Does Section 83 Apply to Every Foreign National?
No.
Section 83 is concerned with the distinction between alien friends and alien enemies.
A foreign national whose State is not at war with India is treated differently from a foreign national whose State is at war with India.
Therefore, merely being a foreign citizen does not make a person an alien enemy.
Section 83 and War
The concept of an alien enemy is closely connected with the existence of a war between India and the foreign State.
The provision therefore reflects the principle that persons connected with a hostile foreign State may be subject to restrictions concerning access to Indian courts.
The determination of enemy status must be understood in the context of the legal and factual circumstances existing at the relevant time.
Can an Alien Friend Sue for All Claims?
An alien friend is generally permitted to sue, but this does not mean that every claim automatically succeeds.
The person must still satisfy:
- jurisdictional requirements;
- procedural requirements;
- limitation requirements;
- substantive legal requirements; and
- any other restrictions applicable to the particular claim.
Section 83 concerns the capacity to sue, not the merits of the underlying claim.
Section 83 and Capacity to Sue
The Section is concerned with the legal capacity of certain foreign nationals to invoke the jurisdiction of Indian civil courts.
It is therefore important to distinguish between:
Right to institute a suit
and
Right to succeed in the suit.
Section 83 primarily concerns the first question.
Practical Example
Suppose a citizen of a foreign country that is not at war with India wants to recover money from an Indian debtor.
The person is an alien friend and may generally institute a suit in an Indian court, subject to the ordinary requirements of civil procedure.
Now suppose a person is a citizen of a country that is at war with India and is residing in India without permission of the Central Government.
Such a person cannot ordinarily institute a suit in an Indian court because of the restriction contained in Section 83.
Section 83 and Section 84 CPC
Section 83 should be read together with Section 84.
Section 83
Deals with when aliens may sue.
Section 84
Deals with when foreign States may sue.
Therefore:
Section 83 → Foreign individuals
Section 84 → Foreign States
This is an important distinction for examinations.
Section 83 and Section 85 CPC
Section 85 deals with persons specially appointed by the Government to prosecute or defend suits on behalf of foreign States.
Therefore, Sections 83, 84 and 85 should be studied together when dealing with foreign parties in civil proceedings.
Important Distinction: Alien vs Foreign State
An alien is an individual foreign national.
A foreign State is a sovereign State.
The CPC contains separate provisions for these two situations.
| Provision | Subject |
|---|---|
| Section 83 | Aliens |
| Section 84 | Foreign States |
| Section 85 | Persons appointed to represent foreign States |
Common Confusions About Section 83 CPC
1. Every Alien Is Not an Alien Enemy
A foreign national is not automatically an alien enemy.
The distinction depends upon the relationship between the foreign State and India.
2. Alien Friend and Alien Enemy Are Treated Differently
An alien friend may generally sue, while an alien enemy is subject to statutory restrictions.
3. Section 83 Does Not Decide the Merits
Permission to sue does not mean that the plaintiff will necessarily succeed.
4. Section 83 Is Different From Section 84
Section 83 deals with foreign individuals.
Section 84 deals with foreign States.
Practical Importance in Civil Litigation
Section 83 becomes relevant when a proposed plaintiff is a foreign national.
Before instituting the suit, the court and the parties may need to consider:
- the plaintiff’s nationality;
- whether the plaintiff is an alien friend or alien enemy;
- whether the foreign State is at war with India;
- whether the alien enemy has the required permission of the Central Government;
- jurisdiction of the Indian court; and
- other procedural and substantive requirements.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 83 → When aliens may sue.
- An alien friend may generally sue in Indian courts.
- An alien enemy is subject to restrictions.
- An alien enemy residing in India without permission of the Central Government cannot ordinarily sue.
- The distinction depends upon whether the foreign State is at war with India.
- Section 83 concerns the capacity of foreign nationals to institute suits.
- Section 84 → Foreign States may sue.
- Section 85 → Persons representing foreign States.
Important Questions to Prepare
- Who is an alien under Section 83 CPC?
- Who is an alien friend?
- Who is an alien enemy?
- Can an alien friend sue in an Indian court?
- Can an alien enemy sue in an Indian court?
- What is the significance of permission of the Central Government?
- Distinguish an alien friend from an alien enemy.
- Distinguish Section 83 from Section 84 CPC.
- What is the relationship between Sections 83, 84 and 85 CPC?
- Does Section 83 determine the merits of an alien’s claim?
Key Legal Principles
1. Alien friends may generally sue
A foreign national whose State is not at war with India may generally institute civil proceedings in India.
2. Alien enemies are subject to restrictions
A foreign national connected with a State at war with India cannot ordinarily sue in India without satisfying the statutory requirements.
3. Permission of the Central Government is important
An alien enemy residing in India requires the prescribed permission to overcome the statutory restriction.
4. Section 83 concerns capacity to sue
The provision determines whether a particular alien can institute a suit. It does not decide whether the claim itself is legally valid.
5. Foreign individuals and foreign States are treated separately
Section 83 concerns aliens, while Section 84 deals with foreign States.
ALSO READ: Section 82 – Execution of Decree Against Government
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 83 CPC |
| Subject | When aliens may sue |
| Alien friend | Generally permitted to sue |
| Alien enemy | Subject to restrictions |
| Alien enemy without permission | Cannot ordinarily sue |
| Permission | Central Government permission is relevant |
| Main distinction | Friendly State vs State at war with India |
| Foreign State | Covered separately under Section 84 |
| Nature | Procedural |
Conclusion
Section 83 CPC regulates the right of foreign nationals to institute civil suits in Indian courts. It distinguishes between alien friends and alien enemies.
An alien friend may generally sue in India, while an alien enemy is subject to restrictions, particularly where the person resides in India without the permission of the Central Government.
The easiest way to remember Section 83 is:
Alien Friend → May Sue
Alien Enemy → Restricted from Suing
Alien Enemy with required Government permission → May sue subject to law
