Customs Law And Foreign Trade Regulation In India: Prohibitions, Restrictions And Penalties
- IJLLR Journal
- 2 hours ago
- 1 min read
Happymol C A, Bharata Mata School of Legal Studies, Aluva
ABSTRACT
The Customs Act, 1962, which regulates the movement of goods across the customs border and imposes duties, and the Foreign Trade (Development and Regulation) Act, 1992, which gives the Directorate General of Foreign Trade the authority to create a licensing and policy regime for imports and exports, are the two regulatory frameworks that govern international trade in India. When taken as a whole, these laws transform the general constitutional right to trade into a conditional privilege that is subject to restrictions, prohibitions, and system of civil and criminal liabilities. The Customs Act's Sections 11, 111 to 114, and 123 as well as the FTDR Act's Sections 3, 5, and 11 are the main statutory sources of prohibition and restriction that are examined in this article. This article examines the statutory relationship between customs and foreign trade regulation, analyses the legal consequences of violations, and evaluates whether the present framework achieves an appropriate balance between trade facilitation and regulatory enforcement.
Keywords: Customs Act, 1962, Foreign Trade (Development and Regulation) Act, 1992, prohibited goods, restricted goods, confiscation.
