THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972 
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SECTIONS 

ARRANGEMENT OF SECTIONS 
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1.  Short title and extent. 
2.  Application of Vienna Convention on Diplomatic Relations. 
3.  Application  of  certain  privileges  and  immunities  to  diplomatic  missions  and  their  members 

pursuant to international agreement. 
4.  Restrictions on privileges and immunities. 
5.  Waiver. 
6.  Restrictions on certain exemptions from customs duty, etc. 
7.  Privileges and immunities of citizens of India. 
8.  Restrictions on entry into diplomatic premises. 
9.  Evidence. 
10.  Power to make rules. 
11.  Notifications issued and rules made under this Act to be laid before Parliament. 

THE SCHEDULE. 

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THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972 

ACT NO. 43 OF 1972 

An Act to give effect to the Vienna Convention on Diplomatic Relations, 1961 and to provide for 

matters connected therewith. 

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— 

1.  Short  title  and  extent.—(1)  This  Act  may  be  called  the  Diplomatic  Relations  (Vienna 

[29th August, 1972.] 

Convention) Act, 1972. 

(2) It extends to the whole of India. 

2. 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. 

3. 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. 

4. 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. 

5. Waiver.—For the purpose of article 32 of the Convention set out in the Schedule, a waiver by the 
head  of  the  mission  of  any  State  or  any  person  for  the  time  being  performing  his  functions  shall  be 
deemed to be a waiver by that State. 

6. Restrictions on certain exemptions from customs duty, etc.—Nothing contained in article 36 of 
the  Convention  set  out  in  the  Schedule  shall  be  construed  to  entitle  a  diplomatic  mission  or  member 
thereof to import into India goods free of any duty of customs without any restrictions on their subsequent 
sale therein. 

7. Privileges and immunities of citizens of India.—For the purpose of article 38 of the Convention 
set  out  in  the  Schedule,  a  citizen  of  India  shall  be  entitled  only  to  such  additional  privileges  and 
immunities, other than those set out in that article, as are granted to him by the Central Government by 
notification in the Official Gazette. 

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8.  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. 

9. 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. 

10. Power to make rules.—The Central Government may  1[by notification in the Official Gazette,] 

make rules for carrying out the purposes of this Act. 

11.  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. 

1. Ins. by Act 4 of 1986, s. 2 (w.e.f. 15-5-1986). 

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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. 

Article 22 

1.  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. 

2. 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. 

3.  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. 

Article 23 

1.  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. 

2.  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. 

The archives and documents of the mission shall be inviolable at any time and wherever they may be. 

Article 24 

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Article 27 

1. 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. However, the mission may install and use a wireless transmitter 
only with the consent of the receiving State. 

2. The official correspondence of the mission shall be inviolable. Official correspondence means all 

correspondence relating to the mission and its functions. 

3. The diplomatic bag shall not be opened or detained. 

4. The packages constituting the diplomatic bag  must bear visible external marks of their character 

and may contain only diplomatic documents or articles intended for official use. 

5. The diplomatic courier, who shall be provided with an official document indicating his status and 
the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the 
performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of 
arrest or detention. 

6.  The  sending  State  or  the  mission  may  designate  diplomatic  couriers  ad  hoc.  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. 

7. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an 
authorized  port  of  entry.  He  shall  be  provided  with  an  official  document  indicating  the  number  of 
packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may 
send one of its members to take possession of the diplomatic bag directly and freely from the captain of 
the aircraft. 

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. 

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or 
detention.  The  receiving  State  shall  treat  him  with  due  respect  and  shall  take  all  appropriate  steps  to 
prevent any attack on his person, freedom or dignity. 

Article 29 

Article 30 

1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the 

premises of the mission. 

2. His papers, correspondence and, except as provided in paragraph 3 of article 31, his property, shall 

likewise enjoy inviolability. 

Article 31 

1. A diplomatic agent shall enjoy immunity from the criminal Jurisdiction of the receiving State. He 

shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: 

(a)  a real action relating to private immovable property situated in the territory of the receiving 

State, unless he holds it on behalf of the sending State for the purposes of the mission; 

(b)   an  action  relating  to  succession  in  which  the  diplomatic  agent  is  involved  as  executor, 

administrator,  heir or legatee as a private person and not on behalf of the sending State; 

(c)   an  action  relating  to  any  professional  or  commercial  activity  exercised  by  the  diplomatic 

agent in the receiving State outside his official functions. 

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

3. 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. 

4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt 

him from the jurisdiction of the sending State. 

1.  The  immunity  from  jurisdiction  of  diplomatic  agents  and  of  persons  enjoying  immunity  under 

Article 32 

article 37 may be waived by the sending State. 

2. Waiver must always be express. 

3.  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. 

4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be 
held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver 
shall be necessary. 

Article 33 

1.  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. 

2. 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. 

3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of 
this  article  does  not  apply  shall  observe  the  obligations  which  the  social  security  provisions  of  the 
receiving State impose upon employers. 

4.  The  exemption  provided  for  in  paragraphs  1  and  2  of  this  article  shall  not  preclude  voluntary 
participation  in  the  social  security  system  of  the  receiving  State  provided  that  such  participation  is 
permitted by that State. 

5. The provisions of this article shall not affect bilateral or multilateral agreements concerning social 

security concluded previously and shall not prevent the conclusion of such agreements in the future. 

Article 34 

A  diplomatic  agent  shall  be  exempt  from  all  dues  and  taxes,  personal  or  real,  national,  regional  or 

municipal, except: 

(a)  indirect taxes of a kind which are normally incorporated in the price of goods or services; 

(b)  dues and taxes on private immovable property situated in the territory of the receiving State, 

unless he holds it on behalf of the sending State for the purposes of the mission; 

(c)  estate, succession or inheritance duties levied by the receiving State, subject to the provisions 

of paragraph 4 of article 39; 

(d)  dues and taxes on private income having its source in the receiving State and capital taxes on 

investments made in commercial undertakings in the receiving State; 

(e)  charges levied for specific services rendered; 

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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. 

Article 36 

1. The  receiving  State  shall, in  accordance  with  such  laws  and  regulations  as  it  may  adopt,  permit, 
entry of and grant exemption from all customs duties, taxes, and related charges other than charges for 
storage, cartage and similar services, on: 

(a)  articles for the official use of the mission; 

(b) articles for the personal use of a diplomatic agent or members of his family forming part of 

his household, including articles intended for his establishment. 

2.  The  personal  baggage  of  a  diplomatic  agent  shall  be  exempt  from  inspection,  unless  there  are 
serious  grounds  for  presuming  that  it  contains  articles  not  covered  by  the  exemptions  mentioned  in 
paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled 
by  the  quarantine  regulations  of  the  receiving  State.  Such  inspection  shall  be  conducted  only  in  the 
presence of the diplomatic agent or of his authorized representative. 

Article 37 

1. The members of the family of a diplomatic agent forming part of his household shall, if they are 

not nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36. 

2. Members of the administrative and technical staff of the mission, together with members of their 
families  forming  part  of  their  respective  households,  shall,  if  they  are  not  nationals  of  or  permanently 
resident in the receiving State, enjoy the privileges and immunities specified in articles 29 to 35, except 
that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 
of article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the 
privileges  specified  in  article  36,  paragraph  1,  in  respect  of  articles  imported  at  the  time  of  first 
installation. 

3. 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. 

4.  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.  In  other  respects,  they  may  enjoy  privileges  and  immunities  only  to  the  extent 
admitted  by  the  receiving  State.  However,  the  receiving  State  must  exercise  its  jurisdiction  over  those 
persons in such a manner as not to interfere unduly with the performance of the functions of the mission. 

Article 38 

1. 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. 

2. Other members of the staff of the mission and private servants who are nationals of or permanently 
resident in the receiving  State shall  enjoy  privileges  and  immunities  only  to  the extent admitted  by  the 
receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a 
manner as not to interfere unduly with the performance of the functions of the missions. 

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Article 39 

1. 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. 

2.  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. 

3. 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. 

4. In the event of the death of a member of the mission not a national of or permanently resident in 
the  receiving  State  or  a  member  of  his  family  forming  part  of  his  household,  the  receiving  State  shall 
permit  the  withdrawal  of  the  movable  property  of  the  deceased,  with  the  exception  of  any  property 
acquired in the country the export of which was prohibited at the time of his death. Estate, succession and 
inheritance duties shall not be levied on movable property the presence of which in the receiving State 
was due solely to the presence there of the deceased as a member of the mission or as a member of the 
family of a member of the mission. 

Article 40 

1. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a 
passport/visa  if  such  visa  was  necessary,  while  proceeding  to  take  up  or  to  return  to  his  post,  or  when 
returning to his own country, the third State shall accord him inviolability and such other immunities as 
may be required to ensure his transit or return. The same shall apply in the case of any members of his 
family  enjoying  privileges  or  immunities  who  are  accompanying  the  diplomatic  agent,  or  travelling 
separately to join him or to return to their country. 

2.  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. 

3. Third States shall accord to official correspondence and other official communications in transit, 
including  messages in code or cipher, the same freedom and protection as is accorded by the receiving 
State. They shall accord to diplomatic couriers, who have been granted a passport/visa if such visa was 
necessary,  and  diplomatic  bags  in  transit  the  same  inviolability  and  protection  as  the  receiving  State  is 
bound to accord. 

4. 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. 

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