The Common Law in India - College of Social Sciences and ...

152 The Common Law in Indiavarious statutory provisions conferring diplomaticimmunities from civil and criminal liability to ambassadorsand diplomatic staff. 92Though some provisions have been made in theIndian Procedural Code in regard to the immunity ofprivileged persons from civil proceedings, no specificstatutory provision is to be found in India conferringimmunity from criminal jurisdiction on the heads offoreign States, ambassadors and diplomatic staff.Notwithstanding the absence of such provisions, wellestablishedrules of international law and judicialdecisions in England are however, in this respect,applied in India. One of the directive principles inthe Indian Constitution provides that the State shallendeavour to maintain just and honourable relationsbetween nations and foster respect for internationallaw in the dealings of organised peoples with oneanother. 93Self-Defence; It has often been stated that inEngland death inflicted by a man in self-defenceagainst an unlawful attack would be a case of justifiablehomicide. But Blackstone pointed out that thiswas too wide and based upon misconception; for sucha homicide could only be justified when the attackresisted was itself a felonious one and in such casesthe homicide would be justified by the fact that itwas effected in order to prevent a capital felony.Homicide in self-defence would therefore be caught92 Diplomatic Privileges Act, 1708 (9 Anne, c. 12); DiplomaticImmunities (Commonwealth Countries and Eepublic of Ireland)Act, 1952 (IS & 16 Geo. 6 & 1 Eliz. 2, c. 18); DiplomaticImmunities Kestrictions Act, 1955 (4 Eliz. 2, c. 21).93Indian Constitution, Art. 51.