Customs Act Section 140: Offences by companies
Reviewed by CA Nikhil Gupta · Last reviewed 30 August 2026

Offences by companies
At a Glance
Section 140 - Offences by companies.
For Section 140, Evidence, jurisdiction, safeguards and later proceedings must be documented.
Key professional control: For Section 140 — Offences by companies, Evidence, jurisdiction, safeguards and later proceedings must be documented.
Finin2min Decode
Section 140 addresses “Offences by companies”. Evidence, jurisdiction, safeguards and later proceedings must be documented.
Read Section 140 with the delegated law and instruments that govern prosecution matters, including the version effective on the transaction date.
Decision question: Does the proposed treatment under Section 140 satisfy the provision-specific conditions for “Offences by companies”, the connected instrument and the available evidence?
Practical Example
Facts may attract the offence or evidentiary rule in section 140. The legal review separates civil demand/penalty from prosecution, identifies the statutory mental element and threshold, and preserves admissible evidence and sanction/cognizance records.
Professional Alert
For Section 140 — Offences by companies, Evidence, jurisdiction, safeguards and later proceedings must be documented.
This page explains Section 140; it does not reproduce the official provision. Quote only the Customs Act and the exact Rule, Regulation, notification or judgment applicable to “Offences by companies” for the relevant date.
Decision Steps
- Freeze the relevant date, customs station, goods, person and procedural route.
- Read the current section with definitions, explanations, provisos and cross-references.
- Map delegated legislation, notifications and allied DGFT or partner-agency requirements.
- Test jurisdiction, limitation, conditions, evidence and any burden-of-proof rule.
- Preserve the portal trail but verify the substantive legal entitlement separately.
- Record later amendments, judgments and local procedure before publication or transaction reliance.
Evidence Checklist
- Complaint/sanction/cognizance record
- Statements and documentary/digital evidence
- Value/duty/prohibition threshold working
- Company/officer responsibility evidence
Common Errors
- Assuming civil liability automatically proves an offence
- Ignoring admissibility and statutory presumptions
- Failing to analyse individual responsibility in a company
Finin2min Q&A
Section 140 concerns “Offences by companies”. Evidence, jurisdiction, safeguards and later proceedings must be documented.
For Section 140 — Offences by companies, Evidence, jurisdiction, safeguards and later proceedings must be documented.
No. For Section 140 — Offences by companies, 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.
- Official record for this item
- India Code - Customs Act PDF
- India Code - Customs Act register
- CBIC Tax Information - Customs
Source review date: 2026-07-28. Historical matters require the law and instrument version applicable to the relevant date.