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Section 108 Customs Act 1962: Investigatory Powers and Statement Recording Procedures

Section 108 of the Customs Act: Procedure and Requirements Explained

In the complex world of customs law, understanding the powers of customs officers during investigations is crucial for individuals, businesses, and legal professionals alike. One key provision that often arises in smuggling and violation inquiries is Section 108 of the Customs Act, 1962. This section grants gazetted customs officers the authority to summon individuals and record statements, but it comes with specific procedures and safeguards—or lack thereof—that set it apart from other legal frameworks.

If you've ever wondered about the procedure and requirements under Section 108 of the Customs Act, this guide breaks it down step by step. We'll explore its scope, differences from criminal procedure codes, admissibility of statements, and real-world judicial applications, drawing from authoritative legal sources.

What is Section 108 of the Customs Act?

Section 108 empowers gazetted officers of customs to summon any person whose attendance they deem necessary for inquiries into smuggling or customs violations. Unlike police investigations, this is an inquisitorial process designed to elicit facts efficiently. [

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