The Diplomatic Relations (Vienna Convention) Act, 1972

The Diplomatic Relations (Vienna Convention) Act, 1972

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The Diplomatic Relations (Vienna Convention) Act, 1972 (ACT NO. 43 OF 1972) (As on the 5th June, 2025) 1

AMENDING ACT

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AMENDING ACT The Delegated Legislation Provisions (Amendment) Act, 1985 (4 of 1986). _______ LIST OF ABBREVIATIONS USED Cl., cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections. Subs. . . . . . ,, Substituted. w.e.f. . . . . . ,, with effect from.

THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972

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THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Application of Vienna Convention on Diplomatic Relations. Application of certain privileges and immunities to diplomatic missions and their members pursuant to international agreement. Restrictions on privileges and immunities. Restrictions on certain exemptions from customs duty, etc. Restrictions on entry into diplomatic premises.

THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972

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Section 1 — Short title and extent

Section 2 — Application of Vienna Convention on Diplomatic Relations

Section 3 — Application of certain privileges and immunities to diplomatic missions and their members pursuant to international agreement

Section 4 — Restrictions on privileges and immunities

Section 5 — Waiver

Section 6 — Restrictions on certain exemptions from customs duty, etc

Section 7 — Privileges and immunities of citizens of India

THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972 ACT NO. 43 OF 1972 [29th August, 1972.] An Act to give effect to the Vienna Convention on Diplomatic Relations, 1961 and to provide for matters connected therewith. Short title and extent.—(1) This Act may be called the Diplomatic Relations (Vienna Convention) Act, 1972. (2) It extends to the whole of India. Application of Vienna Convention on Diplomatic Relations.—(1) Notwithstanding anything to the contrary contained in any other law, the provisions set out in the Schedule to this Act of the Vienna Convention on Diplomatic Relations, adopted by the United Nations Conference on Diplomatic Intercourse and Immunities on the 14th day of April, 1961, shall have the force of law in India. (2) The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Convention set out therein. Application of certain privileges and immunities to diplomatic missions and their members pursuant to international agreement.—Where in pursuance of any agreement, convention or other instrument it is necessary to accord to any diplomatic mission and its members, the sending State of which is not a party to the Vienna Convention on Diplomatic Relations, 1961, or to any other special mission and its members, privileges and immunities in India similar to those contained in the provisions set out in the Schedule, the Central Government may, by notification in the Official Gazette, declare that the provisions set out in the Schedule shall, subject to such modifications, if any, as it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument, apply mutatis mutandis to the diplomatic mission and its members, or to the other special mission and its members, as the case may be, and thereupon the said provisions shall apply accordingly, and notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in India. Restrictions on privileges and immunities.—If it appears to the Central Government that a State which is a party to the Vienna Convention on Diplomatic Relations, 1961 is in breach of its obligations arising thereunder or, that the privileges and immunities accorded to an Indian Mission or members thereof in the territory of any State which is a party to the Vienna Convention on Diplomatic Relations, 1961, are less than those conferred by this Act on the Diplomatic mission of that State or members thereof, the Central Government may, notwithstanding anything contained in this Act, by notification in the Official Gazette, withdraw such of the privileges and immunities so conferred from the diplomatic mission of that State or from members thereof as may appear to the Central Government to be proper.

8. Restrictions on entry into diplomatic premises.—No public servant or agent of the Central

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Section 8 — Restrictions on entry into diplomatic premises

Section 9 — Evidence

Section 10 — Power to make rules

Section 11 — Notifications issued and rules made under this Act to be laid before Parliament

Restrictions on entry into diplomatic premises.—No public servant or agent of the Central Government, a State Government or any public authority shall enter the premises of a diplomatic mission for the purpose of serving legal process, except with the consent of the head of the mission. Such consent may be obtained through the Ministry of External Affairs of the Government of India. Evidence.—If in any proceedings any question arises whether or not any person is entitled to any privilege or immunity under this Act, a certificate issued by or under the authority of the Secretary to the Government of India in the Ministry of External Affairs stating any fact relating to that question shall be conclusive evidence of that fact. Power to make rules.—The Central Government may [by notification in the Official Gazette,] make rules for carrying out the purposes of this Act. Notifications issued and rules made under this Act to be laid before Parliament.—Every notification issued and every rule made under this Act shall be laid as soon as may be after it is issued or made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or, as the case may be, in the rule, or both Houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

THE SCHEDULE

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THE SCHEDULE (See section 2) PROVISIONS OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS, 1961— WHICH SHALL HAVE FORCE OF LAW Article 1 For the purpose of the present Convention, the following expressions shall have the meaning hereunder assigned to them: (a) the “head of the mission” is the person charged by the sending State with the duty of acting in that capacity; (b) the “members of the mission” are the head of the mission and the members of the staff of the mission; (c) the “members of the staff of the mission” are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission; (d) the “members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank; (e) a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission; (f) the “members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission; (g) the “members of the service staff” are the members of the staff of the mission in the domestic service of the mission; (h) a “private servant” is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State; (i) the “premises of the mission” are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purpose of the mission including the residence of the head of the mission. The premises of the mission shall be inviolable, the agents of the receiving State may not enter them except with the consent of the head of the mission. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.

Article 27

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The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. In such cases the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge. Article 28 The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes. Article 29 The person of a diplomatic agent shall be inviolable. His papers, correspondence and, except as provided in paragraph 3 of article 31, his property, shall likewise enjoy inviolability.

2. A diplomatic agent is not obliged to give evidence as a witness.

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A diplomatic agent is not obliged to give evidence as a witness. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly concerned with the principal claim. Subject to the provisions of paragraph 3 of this article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State. The exemption provided for in paragraph 1 of this article shall also apply to private servants who are in the sole employ of diplomatic agent, on condition: (a) that they are not nationals of or permanently resident in the receiving State; and (b) that they are covered by the social security provisions which may be in force in the sending State or a third State.

(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable

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(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 23. Article 35 The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting. They shall also enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported at the time of first installation. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in article 33. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. Except in so far as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

Article 39

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Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other Ministry as may be agreed. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country. In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories. The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeuro.

STATEMENT OF OBJECT AND REASONS

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STATEMENT OF OBJECT AND REASONS The object of the Bill is to give effect to the provisions of the Vienna Convention on Diplomatic Relations, 1961, to which India acceded on the 15th October, 1965, particularly those provisions which deal with immunity from local jurisdiction and exemption from taxation. The Vienna Convention is based largely on diplomatic practices as they have developed over the years and provides inter alia for the following matters:— (a) establishment of diplomatic relations in general including functions, size and location of diplomatic missions. (b) privileges and immunities to be accorded to the mission to premises and its archives, etc., such as inviolability, exemption from all national, regional or municipal dues and taxes, freedom of communication, etc., (c) personal privileges and immunities to be enjoyed by a diplomatic agent such as personal inviolability, inviolability of residence and property, immunity from jurisdiction, exemption from social security regulations, tax exemptions customs privileges, etc., and (d) obligations of a mission and its members towards the recovering State. While power has been taken by the Central Government to apply the privileges and immunities set out in the Vienna Convention to the diplomatic mission of a sending State and its members which is not a party to the Vienna Convention or to any other special mission and its members, provision has also been made enabling the Central Government to withdraw privileges and immunities from the diplomatic mission of a State or from the diplomatic mission of a State or from members thereof if it is found that the Indian Mission or members thereof in the territory of that State which is a party to the Vienna Convention, are less than those conferred by the Bill. Exemptions from taxes and customs duties under articles 34, 36 and 37 of the Vienna Convention, set out in the Schedule to the Bill, have been regulated hitherto by notifications issued under the Sea Customs Act, 1878 (now Customs Act, 1962) and the Income-tax Act, 1922 (now 1961). The Bill now seeks to provide for these matters directly.