Customs Act, 1962 Section 103 — Power to screen or X-ray bodies of suspected persons for detecting secreted goods
Customs Act, 1962 · Power to screen or X-ray bodies of suspected persons for detecting secreted goods
Plain-English Explanation
Overview
Section 103 of the Customs Act, 1962 outlines the procedure for screening or X-raying a person suspected of concealing goods liable for confiscation inside their body. This section balances the need to detect smuggling with protecting individual rights and dignity. It empowers Customs officers to take necessary actions under judicial oversight.
Who Does This Apply To?
This section applies primarily to:
- Persons suspected of secreting goods liable for confiscation inside their body who are referred to in Section 100(2). Section 100(2) relates to persons about to board or having just boarded a conveyance or having landed from a conveyance.
- Customs Officers, specifically the "proper officer," Deputy Commissioner of Customs, and Assistant Commissioner of Customs
- Magistrates
- Radiologists possessing qualifications recognized by the Central Government.
- Registered Medical Practitioners (including female practitioners where the suspected person is female).
How It Works
Here's the step-by-step process:
- Initial Suspicion: The proper officer must have reason to believe that a person (as defined above) has concealed goods liable to confiscation inside their body.
- Detention & Initial Action: The officer may detain the suspected person and must then choose one of the following actions:
- (a) Screening/Scanning with Approval: Obtain prior approval from the Deputy/Assistant Commissioner of Customs to screen or scan the person using available equipment at the customs station without prejudice to the person's other legal rights, including the right to refuse consent. If the screening indicates secreted goods, forward a report to the nearest magistrate.
- (b) Present to Magistrate: Produce the person without unnecessary delay before the nearest magistrate.
- Magistrate's Assessment (Initial): The magistrate examines the case. If they find no reasonable ground for believing goods are concealed, they must discharge the person.
- Magistrate's Order for Screening/X-ray: If the magistrate has reasonable ground to believe goods are concealed and deems screening/X-ray necessary, they issue an order to that effect.
- Radiological Examination: The proper officer takes the person before a qualified radiologist, who must then perform the screening/X-ray.
- Radiologist's Report: The radiologist forwards their report and any X-ray pictures to the magistrate without unnecessary delay.
- Final Magistrate Decision & Action:
- If the magistrate is satisfied, from the radiologist’s report, screening report, or otherwise, that goods are secreted, they may direct suitable action to remove the goods, under the advice and supervision of a registered medical practitioner (a female practitioner is required for female suspects).
- The person must comply with this direction.
- Custody: The magistrate can order the person to be kept in custody for a period they deem necessary to enforce these provisions.
Important Conditions & Exceptions
- Condition 1: Prior approval from a senior customs officer (Deputy or Assistant Commissioner) is required before an initial screening/scanning takes place.
- Condition 2: The entire process is subject to judicial oversight; the magistrate plays a critical role in ensuring fairness and preventing abuse of power.
- Exception: If the person admits to concealing goods and voluntarily submits to action for their removal, this entire section does not apply.
Practical Example
A Customs officer at Mumbai International Airport suspects Mr. Sharma, who has just arrived from Dubai, of smuggling gold. The officer notes his nervous behavior and unusually bulky clothing. He obtains approval from the Assistant Commissioner of Customs to scan Mr. Sharma. The scan suggests possible concealment in the abdominal area. The officer then presents Mr. Sharma before a magistrate, along with the scan report. The magistrate, convinced by the evidence, orders an X-ray. A radiologist performs the X-ray, which confirms the presence of metallic objects. Based on the radiologist’s report, the magistrate directs a medical practitioner to supervise the safe removal of the objects.
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 Customs officials order a body scan or X-ray under Section 103 of the Customs Act, 1962?
A proper officer can order a body scan or X-ray if they have reason to believe a person mentioned in Section 100(2) is concealing goods liable to confiscation inside their body. This requires prior approval from the Deputy or Assistant Commissioner of Customs, followed by either scanning with available equipment and reporting to a magistrate, or directly producing the individual before a magistrate as stated in Section 103(1).
What is the role of a magistrate when a person suspected of concealing goods is brought before them under Section 103 of the Customs Act, 1962?
The magistrate must first assess if there's reasonable ground to believe the person is concealing goods. If not, the magistrate must immediately discharge the person. If reasonable ground exists, and the magistrate believes a scan or X-ray is necessary to discover the goods, they can order it under Section 103(3).
What happens after a magistrate orders a body scan or X-ray under Section 103 of the Customs Act, 1962?
Following a magistrate's order under Section 103(3), the proper officer must promptly take the individual to a radiologist possessing qualifications recognized by the Central Government. The individual is then required to allow the radiologist to perform the scan or X-ray. The radiologist then forwards a report and any X-ray pictures to the magistrate without delay, as per Section 103(4) and (5).
What actions can a magistrate direct after receiving a radiologist's report under Section 103 of the Customs Act, 1962, indicating concealed goods?
If the magistrate is satisfied, based on the report from the proper officer under Section 103(1)(a), radiologist report under Section 103(5), or otherwise, that goods liable to confiscation are hidden inside the person’s body, they can direct suitable action be taken to extract the goods. This action must be performed on the advice and under the supervision of a registered medical practitioner, and the person is obligated to comply as stated in Section 103(6).
Does Section 103 of the Customs Act, 1962, apply if a person voluntarily admits to concealing goods inside their body?
No, Section 103 does not apply if the person admits to concealing goods liable for confiscation and voluntarily submits themselves for suitable action to remove the goods. This is explicitly stated in Section 103(8), indicating a cooperative approach circumvents the need for the procedures outlined in the earlier subsections.
What are the safeguards for women under Section 103 of the Customs Act, 1962, regarding the removal of concealed goods?
Section 103(6) provides a specific safeguard for women. It mandates that any action taken to extract concealed goods from a female suspect's body must be done on the advice and under the supervision of a *female* registered medical practitioner. This ensures a gender-sensitive approach to the process.
Can a magistrate order the detention of a person brought before them under Section 103 of the Customs Act, 1962?
Yes, Section 103(7) allows a magistrate to order the custody of a person brought before them under this section. The magistrate can determine the period and conditions of such custody to enforce the provisions of Section 103, ensuring the investigation and extraction process can be carried out effectively.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| Reasonable belief of secreted goods | The proper officer must have a reasonable belief that a person mentioned in Section 100(2) has goods liable to confiscation secreted inside their body before detaining them. |
| Approval for screening/scanning | Prior approval from the Deputy Commissioner or Assistant Commissioner of Customs is required before screening or scanning a suspected person at the customs station. |
| Magistrate's role after detention | After detention, the person must be brought before the nearest magistrate without unnecessary delay or screened and report sent to magistrate. |
| Magistrate's power of discharge | The magistrate can discharge the person immediately if there's no reasonable ground to believe goods are secreted inside. |
| Magistrate order for screening/X-ray | The magistrate can order screening/X-ray if there's reasonable ground and it's necessary for discovering the goods. |
| Radiologist Qualification | The radiologist performing the screening/X-ray must possess qualifications recognized by the Central Government. |
| Action after radiologist report | if magistrate is satisfied based on officer's report or radiologist's report, suitable action can be taken to remove goods. |
| Voluntary submission exemption | The section does not apply if the person admits to secreting goods and voluntarily submits to action for removal. |
Amendment History
Substituted (w.e.f. 1-8-2019) s. 72 (i) of the the Finance (No.2) Act, 2019 (23 of 2019).
Inserted (w.e.f. 1-8-2019) s. 72 (ii) of the Finance (No.2) Act, 2019 (23 of 2019).