Section 102 of The Customs Act,1962
- (1)When any officer of customs is about to search any person under the provisions of section 100 or section 101, the officer of customs shall, if such person so requires, take him without unnecessary delay to the nearest gazetted officer of customs or magistrate.
- (2)If such requisition is made, the officer of customs may detain the person making it until he can bring him before the gazetted officer of customs or the magistrate.
- (3)The gazetted officer of customs or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.
- (4)Before making a search under the provisions of section 100 or section 101, the officer of customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do; and the search shall be made in the presence of such persons and a list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witness.
- (5)No female shall be searched by any one excepting a female.
Summary
- This provision grants suspected individuals the right to demand to be taken before a gazetted officer of customs or a magistrate before they are searched.
- If a suspect makes this request, the customs officer is legally required to take them to the authority without any unnecessary delay and may detain them until then.
- The gazetted officer or magistrate has the power to either discharge the person immediately if they see no reasonable ground, or order the search to proceed.
- The law strictly requires that before a search takes place, the officer must summon two or more independent witnesses to observe the process and sign the list of seized items.
- No female suspect can be searched under these provisions by anyone other than a female customs officer or assistant.
Practical examples
FAQ
1. Can I refuse a customs search and ask for a magistrate under Section 102 of the Customs Act 1962?
Yes, under Section 102 of the Indian Customs Act, before a search under Section 100 or 101 begins, you have the right to require the officer to take you to the nearest gazetted officer of customs or magistrate.
2. Are witnesses required during a customs body search under Section 102 of the Customs Act?
Yes, Section 102 of the 1962 customs law mandates that the officer must call upon two or more people to attend and witness the search, and a signed list of seized items must be prepared.
3. Can a male customs officer search a female passenger under Section 102 of the Customs Act?
No, Section 102 of the Customs Act of 1962 strictly states that no female shall be searched by anyone except a female.
Test yourself
Q1.Under Section 102 of the Customs Act, 1962, if a person about to be searched requests to be taken before a higher authority, where must the officer take them?
Q2.What action must a gazetted customs officer or magistrate take when a suspect is brought before them under Section 102 of the Indian Customs Act, 1962?
Q3.Under Section 102 of the 1962 customs law, what procedural rule applies to the witnesses of a personal search?
Q4.If an officer is about to search a person under Section 100 or 101 of the Customs Act, 1962, what is the strict statutory restriction regarding female suspects under Section 102?