Customs Act, 1962 Section 100 — Power to search suspected persons entering or leaving India etc
Customs Act, 1962 · Power to search suspected persons entering or leaving India etc
Plain-English Explanation
Overview
Section 100 of the Customs Act, 1962 grants significant power to customs officers to search individuals suspected of concealing goods liable to confiscation or documents related to those goods. This power is crucial for preventing smuggling and ensuring compliance with customs regulations at India's borders and within customs areas.
Who Does This Apply To?
Section 100 applies to a broad range of individuals, including:
- Passengers arriving in or departing from India by sea (vessels in Indian customs waters), air (foreign-going aircraft), or land (vehicles to/from outside India).
- Individuals entering or leaving India, even if not using a vessel, aircraft, or vehicle (e.g., crossing a land border on foot).
- Anyone present in a customs area. This could be a port, airport, or any designated area under customs control.
How It Works
The process under Section 100 unfolds as follows:
- Reason to Believe: The proper officer (a customs officer authorized to perform this duty) must have a reason to believe that a person is concealing goods liable to confiscation or related documents. This belief cannot be arbitrary; it must be based on some evidence or intelligence.
- The Search: If the proper officer has the required reason to believe, they may search the person. The section does not mandate a search, but grants the power to do so.
- Scope of Search: The search is limited to the person's body and items carried on their person, aiming to discover the suspected goods liable to confiscation or documents.
Important Conditions & Exceptions
- Condition 1: The reason to believe is paramount. A search conducted without a genuine reason to believe could be challenged legally. The officer should document the basis for their belief.
- Condition 2: The search must be conducted in a reasonable and respectful manner, adhering to guidelines and regulations to protect the individual's rights. Female passengers should ideally be searched by female officers.
- Exception: The Act does not explicitly provide a list of exceptions to searches under Section 100. However, general principles of natural justice and fundamental rights apply.
Practical Example
A businessman, Mr. Sharma, arrives at Mumbai International Airport from Dubai. Customs officers receive credible intelligence suggesting he's carrying undeclared gold biscuits. Based on this intelligence, the proper officer has a reason to believe that Mr. Sharma is concealing goods liable to confiscation (the gold). The officer can, therefore, search Mr. Sharma's person. If the gold biscuits are found and valued at INR 50 lakhs, and Mr. Sharma fails to declare them, they are liable to confiscation under other provisions of the Customs Act.
Key Amendments
No major amendments since enactment.
No case laws found for this provision yet.
Browse all case laws →Frequently Asked Questions
Under what circumstances can a customs officer search a person under Section 100 of the Customs Act, 1962?
A customs officer, designated as the proper officer, can search a person under Section 100 if they have reason to believe that the individual has secreted goods liable for confiscation or related documents on their person. This belief must be based on credible information, not mere suspicion. The section aims to prevent the illegal movement of goods into or out of India. This power extends to persons entering or leaving India as mentioned in Section 100(2).
Who does Section 100 of the Customs Act, 1962 apply to?
Section 100 applies to a broad range of individuals as defined in Section 100(2). This includes passengers arriving or departing via vessels, aircraft, or vehicles to/from foreign locations. It also includes anyone entering or leaving India, and importantly, any person found within a designated customs area regardless of their immediate travel status.
What types of 'goods' are covered under Section 100 of the Customs Act, 1962, that could lead to a search?
The term 'goods' under Section 100 encompasses any movable property, including but not limited to currency, precious metals, dutiable items, and prohibited articles as defined under the Customs Act, 1962 and related notifications. The key factor is whether the goods are 'liable to confiscation' due to violations of customs regulations such as misdeclaration, undervaluation, or import/export restrictions.
What happens if goods liable to confiscation are found during a search under Section 100 of the Customs Act, 1962?
If a search under Section 100 reveals goods liable to confiscation, the proper officer may seize those goods under Section 110 of the Customs Act, 1962. Subsequently, a show cause notice is typically issued to the person concerned, offering them an opportunity to explain why the goods should not be confiscated and penalties should not be imposed. The goods may be confiscated if the explanation is deemed unsatisfactory.
Are there any safeguards or rights a person has when being searched under Section 100 of the Customs Act, 1962?
While the Customs Act grants broad powers of search, fundamental rights are not suspended. While the Act does not explicitly lay down rights during the search, general principles of law must be followed. The search should be conducted with due regard to decency and without causing undue harassment. Furthermore, the person has the right to be informed of the reasons for the search and is entitled to a copy of the seizure memo if any goods are seized. The search should be conducted by an officer of the same gender wherever feasible.
Does Section 100 of the Customs Act, 1962 allow for the search of personal belongings as well as the person?
While Section 100 primarily focuses on searching the 'person,' the interpretation extends to items immediately associated with the person, such as handbags, wallets, and clothing being worn. The intent is to prevent the concealment of goods liable to confiscation directly on the individual's body or in their immediate personal effects. However, more extensive searches of luggage or other belongings would typically fall under other sections of the Customs Act.
How does Section 100 of the Customs Act, 1962 interact with other laws related to search and seizure?
Section 100 operates within the broader framework of the Customs Act, 1962 and must be interpreted in conjunction with other relevant provisions like Section 102 (Power to arrest), Section 104 (Power to summon persons to give evidence and produce documents) and Section 110 (Seizure of Goods) etc. Any search and seizure conducted under Section 100 must adhere to the principles of natural justice and the provisions of the Constitution of India. It is also subject to judicial review, ensuring that the powers are not exercised arbitrarily.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| Reason to believe goods are secreted | The proper officer must have reason to believe that the person has secreted goods liable to confiscation or related documents. |
| Applicability to persons entering/leaving by vessel | This section applies to persons who have landed from, are about to board, or are on board any vessel within Indian customs waters. |
| Applicability to persons entering/leaving by aircraft | This section applies to persons who have landed from, are about to board, or are on board a foreign-going aircraft. |
| Applicability to persons entering/leaving by vehicle | This section applies to persons who have got out of, or are about to get into, or are in a vehicle arriving from/proceeding outside India. |
| Applicability to any person entering/leaving India | This section applies to any person who has entered or is about to leave India (not covered above). |
| Applicability to any person in customs area | This section applies to any person within a customs area. |
| Goods liable to confiscation | The section is invoked if the person is suspected of carrying goods that are subject to confiscation under the Customs Act. |
| Documents relating to confiscated goods | The section also applies if the person is suspected of carrying documents related to goods liable to confiscation. |
Amendment History
No amendment records available for this provision.
Customs Act, 1962 Section 100 — Power to search suspected persons entering or leaving India etc