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25 CFR § 11.118 - What are the jurisdictional limitations of the Court of Indian Offenses? 

---
identifier: "/us/cfr/t25/s11.118"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 11.118 - What are the jurisdictional limitations of the Court of Indian Offenses?"
title_number: 25
title_name: "Indians"
section_number: "11.118"
section_name: "What are the jurisdictional limitations of the Court of Indian Offenses?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAW AND ORDER"
part_number: "11"
part_name: "COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200."
regulatory_source: "58 FR 54411, Oct. 21, 1993, unless otherwise noted."
cfr_part: "11"
---

# 11.118 What are the jurisdictional limitations of the Court of Indian Offenses?

(a) A Court of Indian Offenses may exercise over a Federal or State official only the same jurisdiction that it could exercise if it were a tribal court. The jurisdiction of Courts of Indian Offenses does not extend to Federal or State employees acting within the scope of their employment.

(b) A Court of Indian Offenses may not adjudicate an election dispute, take jurisdiction over a suit against a tribe, or adjudicate any internal tribal government dispute, unless the relevant tribal governing body passes a resolution, ordinance, or referendum granting the court jurisdiction.

(c) In deciding who is a tribal official, BIA will give deference to a decision of the Court of Indian Offenses, acting as a tribal forum by resolution or ordinance of a tribal governing body under paragraph (b) of this section.

(d) A tribe may not be sued in a Court of Indian Offenses unless its tribal governing body explicitly waives its tribal immunity by tribal resolution or ordinance.