Customs Act, 1962 Section 101 — Power to search suspected persons in certain other cases
Customs Act, 1962 · Power to search suspected persons in certain other cases
Plain-English Explanation
Overview
Section 101 of the Customs Act, 1962, grants Customs Officers the power to search individuals suspected of concealing specific goods liable for confiscation or related documents. This section is crucial for preventing smuggling of high-value items like gold and diamonds.
Who Does This Apply To?
This section applies to:
* Customs Officers: Specifically, those authorized by the Principal Commissioner of Customs or Commissioner of Customs through a general or special order.
* Individuals: Any person suspected of concealing goods as outlined in subsection (2).
How It Works
The section outlines the conditions and procedure for searching individuals suspected of concealing contraband:
- Reasonable Belief: A designated Customs Officer must have a reasonable belief that a person has concealed specific goods or related documents about their person. This belief must be based on credible information.
- Specified Goods: The search power applies only to the following categories of goods:
- Gold
- Diamonds
- Manufactures of gold or diamonds
- Watches
- Other goods as notified by the Central Government in the Official Gazette.
- Search Procedure: The search must be conducted in accordance with the provisions of Section 100 of the Customs Act, 1962, which outlines the general procedures for searches and seizure, ensuring fairness and transparency. This is without prejudice to the specific provisions of Section 100, meaning Section 100 also applies.
- Confiscation Liability: The goods that the officer reasonably believes are secreted must be of a type liable to confiscation under the Customs Act, 1962.
Important Conditions & Exceptions
- Condition 1: The Customs Officer must be empowered by the Principal Commissioner of Customs or Commissioner of Customs to conduct such searches. This authorization ensures accountability.
- Condition 2: The officer's reasonable belief must be based on credible information. Hearsay or unfounded suspicions are not sufficient grounds for a search.
- Exception: This section is without prejudice to Section 100, so the officer must also adhere to Section 100 (general provisions for searches and seizure).
Practical Example
A Customs Officer at Indira Gandhi International Airport receives intelligence that a passenger arriving from Dubai is carrying gold bars hidden inside their clothing. The Commissioner of Customs has issued a general order empowering officers of that rank to conduct searches under Section 101. Based on the intelligence, the officer has reasonable belief that the passenger is concealing gold, which is a good liable to confiscation if imported illegally. The officer can then search the passenger in accordance with Section 100. If the passenger is found with undeclared gold worth ₹50,00,000, it is seized, and penalties can be imposed.
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 me based on Section 101 of the Customs Act, 1962?
A Customs Officer, authorized by the Principal Commissioner or Commissioner of Customs, can search you under Section 101 if they have reason to believe you are concealing goods liable to confiscation, or documents related to such goods, specifically gold, diamonds, manufactured gold/diamonds, watches, or any other goods notified by the Central Government. This power is in addition to the search powers outlined in Section 100.
What types of goods are covered under Section 101 of the Customs Act, 1962, allowing a customs officer to conduct a search?
Section 101(2) explicitly lists gold, diamonds, manufactures of gold or diamonds, and watches as goods subject to search. Additionally, the Central Government can, through official notification, add other categories of goods to this list. Thus, the scope of goods covered is not static and can be expanded.
Does Section 101 have any provisions to safeguard the rights of the person being searched?
While Section 101 itself doesn't explicitly detail safeguards, the principles of natural justice and constitutional rights apply. Although the section does not refer to Section 100 regarding search procedure for premises, established legal interpretations generally require that searches be conducted with reasonable cause and with due regard to privacy, even if not specifically mandated within this section.
What happens if I refuse to be searched under Section 101 of the Customs Act, 1962?
Refusing a lawful search under Section 101 can lead to further scrutiny and potential legal consequences. While the Act doesn't specify penalties for refusal under this section specifically, it can create reasonable suspicion, potentially leading to detention for further investigation. Obstruction of a customs officer in the performance of their duty is a punishable offence under other relevant sections of the Act.
Can Section 101 searches be conducted on the basis of verbal suspicion alone, or is some form of documentation needed?
Section 101 requires the Customs Officer to have 'reason to believe' that a person is concealing specified goods. This implies more than just verbal suspicion. While not explicitly stated, it necessitates some form of credible information or observation that justifies the belief. This information would ideally be documented to demonstrate the validity of the search.
If goods are seized during a search under Section 101, what is the procedure for their return or potential confiscation?
If goods are seized under Section 101, the standard procedures for seizure and confiscation as outlined in the Customs Act apply. The person from whom the goods were seized will be issued a seizure memo detailing the goods, and will be given an opportunity to provide evidence and arguments against confiscation. Ultimately, the Adjudicating Authority will decide on whether the goods are to be confiscated and penalties imposed.
Are there any recent notifications or changes affecting the interpretation or application of Section 101 of the Customs Act, 1962?
Changes to Section 101 typically involve notifications issued by the Central Government adding new classes of goods to the list in sub-section (2)(e). To stay updated, you should regularly check notifications issued by the CBIC (Central Board of Indirect Taxes and Customs). Changes can also arise from court rulings interpreting the section's scope and application.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| Authorized Officer Required | The search can only be conducted by a customs officer specifically empowered by a general or special order from the Principal Commissioner/Commissioner of Customs. |
| Reason to Believe | The officer must have a 'reason to believe' that the person has secreted specific goods liable to confiscation or documents related to them. |
| Goods Must Be Specified | The search is limited to specific goods: gold, diamonds, manufactures of gold or diamonds, watches, or other goods specified by the Central Government via notification. |
| Goods Subject to Confiscation | The goods suspected to be secreted must be liable to confiscation under the Customs Act, 1962. |
| Relationship with Section 100 | Section 101 operates 'without prejudice' to Section 100, meaning both sections can be applied independently if the conditions are met. |
Amendment History
Substituted by the Finance (No.2) Act, 2014 (25 of 2014), section 78, for "Commissioner of Customs" (w.e.f. 06.08.2014). Earlier the words "Commissioner of Customs" were substituted by Act 22 of 1995, section 50, for the words "Collector of Customs" (w.e.f. 26.05.1995).