Code
83. When aliens may sue.—Alien enemies residing in India with the permission of the Central
Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were
citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country,
shall not sue in any such Court.
Explanation. —Every person residing in a foreign country, the Government of which is at war with India
and carrying on business in that country without a licence in that behalf granted by the Central Government,
shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
Code: Section 83 CPC
83. When aliens may sue.—
Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such Court.
Explanation.— Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
Explanation of Section 83 CPC
Section 83 CPC determines whether a foreign national can bring a civil case before an Indian court. The law recognizes that people from other countries may have business interests, property rights, contractual claims, or other legal disputes connected to India. Therefore, it allows certain foreign individuals to seek remedies through Indian courts.
However, the right to sue is not available to every foreign person in every situation. The provision draws a distinction between individuals from friendly nations and those connected to countries that are in a state of hostility with India.
Rights of Alien Friends
An alien friend is a foreign national whose country maintains peaceful relations with India. Such a person can approach an Indian court just like an Indian citizen, provided the court has jurisdiction over the dispute.
For example, a foreign business owner, investor, or property holder from a friendly country can file a suit to enforce contractual rights, recover money, or protect property interests in India.
Restrictions on Alien Enemies
The law imposes restrictions on alien enemies. An alien enemy is generally a person connected with a country that is at war with India.
If such a person resides outside India, the law does not permit the institution of a civil suit in Indian courts. Similarly, an alien enemy living in India cannot file a suit unless the Central Government grants permission.
These restrictions exist because legal rights and national security concerns must remain balanced during periods of conflict.
Importance of Government Permission
Section 83 CPC allows the Central Government to grant permission to an alien enemy residing in India. Once permission is granted, the individual may institute a suit in the same manner as other litigants.
Therefore, the Government retains control over situations where allowing legal proceedings may affect public interest or national security.
Business Activities in Hostile Countries
The Explanation to Section 83 CPC broadens the meaning of an alien enemy. A person who carries on business in a country that is at war with India may also fall within this category if the person does not possess a licence from the Central Government.
As a result, the law considers not only nationality but also commercial connections with hostile territories.
Why Section 83 CPC Is Important
Section 83 CPC serves two important objectives. First, it protects the legal rights of foreign nationals who have genuine claims connected with India. Second, it safeguards national interests during periods of international conflict.
Consequently, the provision ensures that access to Indian courts remains fair while also respecting considerations of security and public policy.
Illustration
Example 1
A citizen of a country that has friendly relations with India enters into a contract with an Indian company. When the company breaches the agreement, the foreign citizen can file a suit before the appropriate Indian court.
Example 2
A foreign national from a country at war with India resides in India and wishes to file a civil suit. The person must first obtain permission from the Central Government. Without that permission, the suit cannot proceed.
Example 3
A trader conducts business in a country engaged in war with India and does not possess the required government licence. Under the Explanation to Section 83 CPC, the trader may be treated as an alien enemy and may lose the right to sue in Indian courts.
Common Questions and Answers on Section 83 CPC
1. What is the purpose of Section 83 CPC?
Answer:
Section 83 CPC regulates the circumstances in which foreign nationals can institute civil suits in Indian courts.
2. Can a foreign citizen file a civil suit in India?
Answer:
Yes. A foreign citizen from a friendly country may file a suit in a competent Indian court.
3. Who is an alien friend under Section 83 CPC?
Answer:
An alien friend is a person whose country maintains peaceful relations with India.
4. Who is an alien enemy under Section 83 CPC?
Answer:
An alien enemy is generally a person connected with a country that is at war with India or treated as such under the Explanation to the section.
5. Can an alien enemy residing in India file a suit?
Answer:
Yes, but only after obtaining permission from the Central Government.
6. Why does the law restrict alien enemies from suing?
Answer:
The restriction helps protect national interests and security during times of conflict.
Conclusion
Section 83 CPC defines the legal position of foreign nationals who wish to approach Indian courts. While the law freely permits alien friends to seek justice through civil proceedings, it places restrictions on alien enemies in order to protect national interests. Therefore, the provision creates a balanced framework that supports access to justice while addressing concerns arising from international conflicts.
