Power to search suspected persons in certain other cases
Section 101 of the Customs Act, 1962 deals with power to search suspected persons in certain other cases. Without prejudice to the provisions of section 100, if an officer of customs empowered in this behalf by general or special order of the [Principal Commissioner of Customs or Commissioner of Customs], has reason to believe that any person has secreted about his person any goods of the description sp The Act came into force on 01 Feb 1963.
(1) Without prejudice to the provisions of section 100, if an officer of customs empowered in this behalf by general or special order of the 1[Principal Commissioner of Customs or Commissioner of Customs], has reason to believe that any person has secreted about his person any goods of the description specified in sub-section (2) which are liable to confiscation, or documents relating thereto, he may search that person.
(2) The goods referred to in sub-section (1) are the following:--
(a) gold;
(b) diamonds;
(c) manufactures of gold or diamonds;
(d) watches;
(e) any other class of goods which the Central Government may, by notification in the Official Gazette, specify.
Section 101, The Customs Act, 1962 (Act 52 of 1962).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Asst. Collector of Customs, Goa vs Pascoal Dias
Court's Decision & Legal Precedent
In a customs smuggling case, the prosecution bears the burden of proving through credible, authenticated evidence that the seized article is in fact the subject matter of the alleged offense (here, foreign gold). Mere assertion by prosecution officials that gold has been seized, without expert examination, proper certification, identification of the examining expert, and credible corroboration, is insufficient to discharge the burden of proof. Procedural non-compliance with Section 101 of the Customs Act (providing choice of search before a Magistrate or Gazetted Officer) further vitiates the seizure and prosecution. The burden of proof does not shift to the accused until the prosecution has established a prima facie case through credible evidence.
On this section: Requirement to provide accused with choice to be searched before a Magistrate or Gazetted Officer; non-compliance vitiates the search and subsequent seizure; procedural safeguard for personal liberty
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Land Station Area could not have abdicated their duty and circumvented the provisions of Section 102 of the Customs Act by claiming that they were informed by the Sikkim Police only on 17- 11-2015. It is pertinent to notice that the invocation of Section 102 of the Customs Act is contingent upon the provisions of Sections 100 and 101 of the Customs Act. In such a circumstance, the provisions of Sections 100 and 101 on the Customs Act are to be fulfilled, such evidence is to be marshalled at the time of trial and not at the stage of considering whether a prima facie case has been made out. The Learned Trial Court also doubted the place of …
Questions about Section 101
What have the courts held on Section 101 of the Customs Act?
Asst. Collector of Customs, Goa vs Pascoal Dias (28 Apr 2011) is the leading judgment on this section among those set out below: Requirement to provide accused with choice to be searched before a Magistrate or Gazetted Officer; non-compliance vitiates the search and subsequent seizure; procedural safeguard for personal liberty.
How do I find court cases under Section 101 of the Customs Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Customs Act 1962 101, section 101 Customs Act 1962, section 101 of the Customs Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Asst. Collector of Customs, Goa vs Pascoal Dias (28 Apr 2011).
What should I read with Section 101 of the Customs Act, and has it changed?
Its own text turns on section 100 (Power to search suspected persons entering or leaving India, etc), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 101 of the Customs Act come into force?
Section 101 of the Customs Act, cited as Customs Act 1962 101, came into force on 01 Feb 1963, having been enacted on 13 Dec 1962. It is in force as at the date shown on this page.
Other sections of this Act
- 28. Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded2145 words
- 2. Definitions1638 words
- 129A. Appeals to the Appellate Tribunal1170 words
- 27. Claim for refund of duty1060 words
- 127C. Procedure on receipt of an application under section 127B1056 words
- 138C. Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence872 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.