The Diplomatic Relations (Vienna Convention) Act, 1972

Section 4. The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the

In force · As amended up to 2026-08

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. 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. 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. 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. Article 32 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 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. 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 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

Source: India Code