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Customs Act, 1962

Customs Act Section 102: Gazetted officer or magistrate safeguard

Reviewed by CA Nikhil Gupta · Last reviewed 30 August 2026

Customs Section 102 Explained

Gazetted officer or magistrate safeguard

XIII - Search, seizure and arrestCURRENTCA Nikhil GuptaPublished 2026-05-27
Published analytical guide - official law remains controlling.

At a Glance

Section 102 - Gazetted officer or magistrate safeguard.

For Section 102, Evidence, jurisdiction, safeguards and later proceedings must be documented.

Key professional control: For Section 102 — Gazetted officer or magistrate safeguard, Evidence, jurisdiction, safeguards and later proceedings must be documented.

Finin2min Decode

Section 102 addresses “Gazetted officer or magistrate safeguard”. Evidence, jurisdiction, safeguards and later proceedings must be documented.

Read Section 102 with the delegated law and instruments that govern authority matters, including the version effective on the transaction date.

Decision question: Does the proposed treatment under Section 102 satisfy the provision-specific conditions for “Gazetted officer or magistrate safeguard”, the connected instrument and the available evidence?

Practical Example

An order is signed by an officer described as competent under section 102. Before acting on it, the file should preserve the appointment, assignment, jurisdiction and any Board direction that supports that officer’s authority.

Professional Alert

For Section 102 — Gazetted officer or magistrate safeguard, Evidence, jurisdiction, safeguards and later proceedings must be documented.

This page explains Section 102; it does not reproduce the official provision. Quote only the Customs Act and the exact Rule, Regulation, notification or judgment applicable to “Gazetted officer or magistrate safeguard” for the relevant date.

Decision Steps

  1. Freeze the relevant date, customs station, goods, person and procedural route.
  2. Read the current section with definitions, explanations, provisos and cross-references.
  3. Map delegated legislation, notifications and allied DGFT or partner-agency requirements.
  4. Test jurisdiction, limitation, conditions, evidence and any burden-of-proof rule.
  5. Preserve the portal trail but verify the substantive legal entitlement separately.
  6. Record later amendments, judgments and local procedure before publication or transaction reliance.

Evidence Checklist

Common Errors

Related Sections

Finin2min Q&A

What does section 102 address?

Section 102 concerns “Gazetted officer or magistrate safeguard”. Evidence, jurisdiction, safeguards and later proceedings must be documented.

What should be verified first for section 102?

For Section 102 — Gazetted officer or magistrate safeguard, Evidence, jurisdiction, safeguards and later proceedings must be documented.

Can this page replace the official wording of section 102?

No. For Section 102 — Gazetted officer or magistrate safeguard, use this guide to organise the analysis, then rely on the official Customs Act and the connected instrument or binding decision in force for the matter.

Official sources and scope

This page is an analytical or operational guide. The controlling wording, tariff item, notification conditions, portal version and judicial status must be checked in the official source applicable to the transaction date.

Source review date: 2026-07-28. Historical matters require the law and instrument version applicable to the relevant date.