Customs Act, 1962 · Chapter XIV: Confiscation of Goods and Conveyances and Imposition of Penalties
Section 114: Penalty for attempt to export goods improperly, etc
Any person who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under section 113, or abets the doing or omission of such an act, shall be liable,—
(i) in the case of goods in respect of which any prohibition is in force under this Act or any other law for the time being in force, to a penalty [not exceeding three times the value of the goods as declared by the exporter or the value as determined under this Act], whichever is the greater;
[(ii) in the case of dutiable goods, other than prohibited goods, subject to the provisions of section 114A, to a penalty not exceeding ten per cent. of the duty sought to be evaded or five thousand rupees, whichever is higher:
Provided that where such duty as determined under sub-section (8) of section 28 and the interest payable thereon under section 28AA is paid within thirty days from the date of communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be twenty-five per cent. of the penalty so determined;]
[(iii) in the case of any other goods, to a penalty not exceeding the value of the goods, as declared by the exporter or the value as determined under this Act, whichever is the greater.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 114
- Mis. Siddachalam Exports Private Ltd. v. Commissioner of Central Excise Delhi-Ill
- Commissioner of Customs, Kolkata v. M/S. Peerless Consultancy Services Pvt. Ltd.
- Commissioner of Customs, New Customs House, Mumbai v. M/S. Vishal Exports Overseas Limited
- Indian Airlines Lid. v. Prabha D. Kanan
- Commissioner of Customs, Kolkatta v. M/S. Grand Prime Limited and Ors.
- Mj. Exports Ltd. and Anr. v. Customs, Excise and Gold (Control) Appellate