Detained Baggage explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
When baggage is detained, unclaimed or declared by someone other than the passenger, regulations 7 to 10 of the Customs Baggage (Declaration and Processing) Regulations, 2026 apply. They say how detained goods are held and returned, when they may be sold and where the sale proceeds go, who may file for a passenger or a minor, how long records are kept, and what penalty applies. The forms annexed to the Regulations are described by heading at the end.
This article reads them as amended up to Notification No. 15/2026-Customs (N.T.) dated 1 February 2026, the notification that made them, in force on 2 February 2026 (no amendment found up to 3 October 2026). This is the text as published, and later notifications should be checked. The parent provisions are in section 79 of the Customs Act and sections 77, 78, 80 and 81.
The proper officer may detain prohibited or dutiable goods, on request or otherwise, for return when the passenger leaves India or otherwise, and issues a detention receipt in CBD-V. Detained or unclaimed baggage not cleared or re-exported within six months of arrival (or an extension of not more than six months), whichever is later, may be sold or disposed of after notice to the passenger and with the officer's permission. Records are kept for five years, and the penalty is that in section 158(2)(ii).
Custody and disposal of baggage (regulation 7)
7(1). Where baggage contains prohibited or dutiable goods, the proper officer may, at the passenger's request or otherwise, detain the goods for being returned to the passenger on his leaving India or otherwise, in CBD-V.
7(2). Detained or unclaimed baggage remains in the custody of Customs or any other person approved by the Principal Commissioner or Commissioner of Customs. Two provisos:
- charges for baggage (including any package) detained or seized from passengers or taken over as unclaimed, and later released or returned, are collected at the time of release or return; and
- no charge is levied for baggage or a package detained by Customs but released to the passenger on the ground that it is bona fide.
7(3). Detained or unclaimed baggage that is not cleared or re-exported within six months from the passenger's arrival, or such extended period, not more than six months, to the satisfaction of the Commissioner, whichever is later, may, after notice to the passenger and with the permission of the proper officer, be sold or otherwise disposed of by the person having custody.
7(4). Where baggage is sold, the sale proceeds are applied in this order:
- (a) the expenses of the sale;
- (b) the freight and other charges payable to the carrier, if notice of such charges has been given to the person having custody;
- (c) the duty, if any, on the goods sold;
- (d) the charges due to the person having custody;
- (e) any amount due from the owner to the Central Government under the Act or any other law relating to customs;
and the balance, if any, is paid to the owner. Proviso: where the balance cannot be paid to the owner within six months of the sale (or a further period the Commissioner allows), it is paid to the Central Government.
Example: Mr Imran Sheikh arrives with a consignment of watches that customs treats as dutiable. He cannot pay on the spot, and the officer detains the goods and gives him a CBD-V. He can claim them on leaving India or otherwise within the period allowed. If six months pass from his arrival without clearance or re-export, and no extension of up to six months has been given, the goods may be sold after notice to him and with the proper officer's permission. The sale money goes first to the expenses of sale, then the carrier's freight (if notified), the duty, the custodian's charges and any other customs dues, and any balance comes back to him. If he cannot be found within six months of the sale, the balance goes to the Central Government. Our legal consultation team can advise on a detention.
Filing other than by the passenger (regulation 8)
- 8(1) Any declaration required from a passenger may also be filed by any other person authorised by the passenger in respect of unaccompanied baggage.
- 8(2) For a passenger under eighteen years, the declaration may be filed only by a family member or a legal guardian. Proviso: if the minor is travelling alone, the declaration may be filed by that passenger.
For a passenger, the first rule is useful: a relative or a customs broker may file the unaccompanied baggage declaration (CBD-II) if the passenger authorises. The CBD-II form has a field for details of the authorised person, including a customs broker.
Retention of records (regulation 9)
The declaration and all supporting documents are retained for five years from the date of filing an electronic declaration or otherwise. The regulation does not name who must retain them.
Penalty (regulation 10)
Any person who contravenes any provision, abets a contravention or fails to comply with a provision he was bound to comply with is liable to penalty under section 158(2)(ii) of the Act. The amount is not printed in the Regulations.
The forms annexed to the Regulations
The forms follow the text of the Regulations. They are listed by heading only; check the Gazette for the exact entries.
| Form | Where used | What it is |
|---|---|---|
| CBD-I (Indian Customs Declaration Form) | Regulation 3(1) | Passenger details, travel details, number of baggage, goods subject to duty assessment, pets, jewellery, a list of articles to tick (prohibited articles, television, gold bullion, meat, seeds, satellite phone, currency and foreign exchange, drones), a declaration that the passenger has told the truth as far as he knows and believes, and important information on prohibited articles |
| Currency Declaration Form | Regulation 3(1), first proviso | Foreign exchange in the passenger's possession on arrival, with spaces for customs certification and bank or money-changer endorsement |
| CBD-II (Unaccompanied Baggage Declaration Form for Import) | Regulation 3(2) | Passenger details, authorised person, baggage details (transfer of residence or other), transport documents, containers, short visits (for transfer of residence), articles imported and declarations |
| CBD-III (Export Certificate) | Regulation 4 | Passenger details, article details with identification particulars and photograph, declarations and a customs officer's certificate |
| CBD-IV (Temporary Baggage Import Certificate) | Regulation 4 | Passenger and travel details, article details, declarations including re-export, customs officer's certificate |
| CBD-V (Detention Receipt) | Regulation 7 | Passenger details, baggage declaration number, articles detained or seized with appraisement details and reasons, and certification of the process explained to the passenger |
The CBD-I form also carries a table of the duty allowances for different classes of passenger. The allowance amounts are in the form and in the Baggage Rules, 2026; this article does not restate them. The Baggage Rules, 2026 are covered in our sister articles, for example rules 5 and 6.
Need help with detained baggage?
If baggage has been detained, or you need to file for a minor, an elderly relative or an employee who has shipped unaccompanied baggage, our legal consultation team can advise on the notices, deadlines and the route to release.
Key takeaways
- Detention is recorded in CBD-V; goods may be returned on the passenger leaving India or otherwise.
- Charges are collected when released; none for baggage found bona fide.
- Sale is possible after six months from arrival (or an extension up to six months, whichever is later), after notice and with the officer's permission.
- Sale proceeds follow a fixed order, with the balance to the owner or, after six months, to the Central Government.
- Authorised persons may file for unaccompanied baggage; a family member or legal guardian files for a minor.
- Records are kept for five years; the penalty is under section 158(2)(ii).
Read next
- Regulations 1-3: electronic baggage declaration
- Regulations 4-6: temporary import, examination and unaccompanied baggage
- Section 79 of the Customs Act: bona fide baggage exempted from duty
Disclaimer: Based on the customs regulations named above as published on the CBIC Tax Information Portal or in the Gazette and, for sets amended since 2023, the amending notifications (read through a TaxClue consolidated reading text; no official consolidated text exists), as consulted on 3 October 2026. Later notifications, fees and the Customs Act, 1962 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.