What Is a Foreign Judgment?
A foreign judgment refers to any decision made by a court situated outside India. The judgment must arise from a legal proceeding and must not originate from an Indian court. Indian law primarily addresses civil foreign judgments and lays out how courts should treat them.
According to Section 2(6) of the CPC, a foreign judgment means a ruling by a court in a country outside Indian territory.
When Does India Recognize a Foreign Judgment?
Indian courts recognize foreign judgments only when they meet specific legal criteria under Section 13 of the CPC. To qualify as valid, the judgment must:
- Come from a competent court with jurisdiction over the matter
- Be decided on the merits and not dismissed without trial
- Follow international law and principles of justice
- Avoid fraud or misrepresentation
- Align with Indian law and public policy
If a foreign judgment satisfies these conditions, Indian courts treat it as conclusive and binding between the parties.
How Can You Enforce a Foreign Judgment in India?
You can enforce a foreign judgment in India in two distinct ways, depending on the origin country.
1. Execution Petition (Section 44A CPC)
If the judgment comes from a reciprocating territory, you can file an execution application directly in a local District Court. These countries have formal enforcement agreements with India. Examples include the United Kingdom, UAE, Singapore, and Bangladesh.
2. Civil Suit on Judgment
If the ruling comes from a non-reciprocating territory, you must file a fresh civil suit in India. In this case, the foreign judgment serves as evidence, not a directly enforceable decree.
What Is a Reciprocating Territory?
A reciprocating territory is a country that has signed a mutual enforcement agreement with India. The Central Government issues a notification in the Official Gazette listing these countries.
Judgments from these nations enjoy simplified enforcement, saving time and legal expenses.
On What Grounds Can a Foreign Judgment Be Rejected in India?
Under Section 13 of the CPC, Indian courts can reject a foreign judgment if:
- The court lacked jurisdiction
- The case wasn’t decided on the merits
- The judgment goes against international legal standards
- The process violated natural justice (e.g., no fair hearing)
- The judgment resulted from fraud
- The ruling contradicts Indian public policy
For instance, if a foreign court upholds a contract involving illegal activities in India, Indian courts will reject that judgment.
What Does “Contrary to Public Policy” Mean?
A foreign judgment must not violate Indian morality, laws, or constitutional values. Courts interpret public policy strictly. For example, Indian law does not support enforcement of foreign rulings that recognize gambling debts, slavery, or extortionate interest rates.
Can You Challenge a Foreign Judgment in India?
Yes. If the foreign judgment fails any of the six conditions under Section 13, you can challenge it in court. The party opposing enforcement must raise objections and prove why the judgment shouldn’t apply in India.
Do Criminal Judgments Apply the Same Way?
No. The CPC governs only civil judgments. Criminal decisions from foreign courts follow a different legal process. They require treaties, mutual legal assistance agreements (MLATs), and involvement from diplomatic channels or the Ministry of External Affairs.
