सदस्य खोब्रागडे की गिरफ़्तारी पर विएना कन्वेशन पर खुलासा
श्री प्रकाश तेंदुलकर की इ मेल से 
What is Diplomatic Immunity and Consular
Immunity?
Ms. Khobragade enjoyed Consular Immunity. She
was arrested on two felony counts.
What does that mean under Geneva Convention?
Read brief here.
Diplomatic Agents.
Diplomatic agents enjoy the highest degree of
privileges and immunities. They enjoy complete
personal inviolability, which means that they
may not be handcuffed (except in extraordinary
circumstances), arrested, or detained; and
neither their property (including vehicles)
nor residences may be entered or searched.
Diplomatic agents also enjoy complete immunity
from the criminal jurisdiction of the host
country’s courts and thus cannot be prosecuted
no matter how serious the offense unless their
immunity is waived by the sending state.
While it is not ordinarily of concern to
police authorities, they also have immunity
from civil suit except in four very limited
circumstances: (a) in connection with real
property transactions not conducted on behalf
of the mission; (b) in connection with any
role they may play as executor for or heir to
an estate being distributed in the host
country; (c) in connection with the
performance of professional or commercial
activities outside the scope of their official
duties; or (d) in respect of counterclaims on
the same subject matter when they have been
the initiating party in a suit.
Finally, they enjoy complete immunity from the
obligation to provide evidence as witnesses
and cannot be required to testify even, for
example, if they have been the victim of a
crime.
Family members forming part of the household
of diplomatic agents enjoy precisely the same
privileges and immunities as do the sponsoring
diplomatic agents.
Consular Officers.
Consular officers are those members of
consular posts who are recognized by both the
sending and the host country as fully
authorized to perform the broad array of
formal consular functions. They have only
official acts or functional immunity in
respect of both criminal and civil matters and
their personal inviolability
is quite limited.
Consular officers may be arrested or detained
pending trial only if the offense is a felony
and that the arrest is made pursuant to a
decision by a competent judicial authority
(e.g., a warrant issued by an appropriate
court).
They can be prosecuted for misdemeanors, but
remain at liberty pending trial or other
disposition of charges. Property of consular
officers is not inviolable.
Consular officers are not obliged to provide
evidence as witnesses in connection with
matters involving their official duties, to
produce official documents, or to provide
expert witness testimony on the laws of the
sending country. Absent a bilateral agreement,
the family members of consular officers enjoy
no personal inviolability and no
jurisdictional immunity of any kind.
For more details, please
IMHO, she could have been booked, finger
printed, mug shot taken and released on her
own recognizance. But that was an option
and not mandatory, for law enforcement. She
was arrested for felony not misdemeanor.
