Section 104: [ Power to arrest. [ Substituted by Act 29 of 2006, Section 24, for sub-Section (1) (w.e.f. 13.7.2006).]

Q: What does Section 104 of The Customs Act, 1962 (CuA) deal with?

Section 104 CuA pertains to "[ Power to arrest. [ Substituted by Act 29 of 2006, Section 24, for sub-Section (1) (w.e.f. 13.7.2006).]". It is part of the The Customs Act, 1962, a legislation enacted by the Parliament of India. Section 104 of The Customs Act, 1962 (CuA) governs [ Power to arrest. [ Substituted by Act 29 of 2006, Section 24, for sub-Section (1) (w.e.f. 13.7.2006).]. As verified on 19 May 2026.

Q: Is Section 104 CuA still in force?

Yes, Section 104 of the The Customs Act, 1962 is currently in force across the Republic of India.

Q: What is धारा 104 CuA?

धारा 104 CuA is the Devanagari Hindi reference for Section 104 of the The Customs Act, 1962. Section 104 of The Customs Act, 1962 (CuA) governs [ Power to arrest. [ Substituted by Act 29 of 2006, Section 24, for sub-Section (1) (w.e.f. 13.7.2006).]. As verified on 19 May 2026.

Q: What is Dhara 104 CuA?

Dhara 104 CuA is the Roman Hindi reference for Section 104 of the The Customs Act, 1962. "Dhara" means "Section" in Hindi. Section 104 of The Customs Act, 1962 (CuA) governs [ Power to arrest. [ Substituted by Act 29 of 2006, Section 24, for sub-Section (1) (w.e.f. 13.7.2006).]. As verified on 19 May 2026.

Q: How to cite Section 104 of The Customs Act, 1962?

Cite as: "Section 104, The Customs Act, 1962 (CuA)" in legal briefs. For academic writing, use the BlueBook format: The Customs Act, 1962, § 104 (India).

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(1)

If an officer of Customs empowered in this behalf by general or special order of the Commissioner of Customs has reason to believe that any person in India or within the Indian customs waters has committed an offence punishable under section 132 or section 133 or section 135 or section 135-A or section 136, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest.]

(2)

Every person arrested under sub-section (1) shall, without un-necessary delay, be taken to a magistrate.

(3)

Where an officer of customs has arrested any person under sub-section (1), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police-station has and is subject to under the Code of [Criminal Procedure, 1898 (5 of 1898)] [ Now see the Code of Criminal Procedure, 1973 (2 of 1974).].

(4)

Notwithstanding anything contained in the Code of [Criminal Procedure, 1898 (5 of 1898)] [ Now see the Code of Criminal Procedure, 1973 (2 of 1974).], an offence under this Act shall not be cognizable.