Rule 15 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.
Rule 15 gives a person authorised by the Central Government under section 10(1) of the Act the power to enter and search premises at any reasonable time where goods liable to confiscation, or books of accounts, documents or things useful for proceedings under the Act, are suspected to have been kept or concealed. It lets him break open locks, search a person on the premises in stated circumstances and inspect and copy documents, including computer resources and electronic records. This article covers sub-rules (1) and (2). Seizure, return of goods and presumptions in sub-rules (3) to (5) are in our next article. Rule 15 was substituted in full in 2015, so this article explains it as per the Rules as notified in 1993 read with the 2015 Amendment Rules.
An authorised person (authorised under section 10(1)) may, at any reasonable time, enter and search premises where goods liable to confiscation, or books of accounts, documents or things (including computer resources and electronic records) useful for proceedings, are suspected to be kept or concealed. He may break open locks where keys are not available, search a person he reasonably suspects of hiding such material, and inspect, copy and take extracts. Rule 15(2) allows entry and search where he has reason to believe goods or documents are secreted.
Where rule 15 comes from
Section 10(1) of the Act allows the Central Government, by notification in the Official Gazette, to authorise any person to exercise powers of entering premises and searching, inspecting and seizing goods, documents, things and conveyances, "subject to such requirements and conditions and with the approval of such officer, as may be prescribed". Section 19(2)(f) lets the rules prescribe the premises, goods, documents, things and conveyances and the requirements and conditions. Rule 15 is that rule. See our articles on section 10 and section 19.
Section 10(2) says the Code of Criminal Procedure, 1973 provisions on searches and seizures apply "so far as may be" to every search and seizure under the section. That Code is another law and is not explained here; the reader should check the current law.
The sources consulted do not include the notification under section 10(1) naming authorised persons, or the "officer" whose approval is meant. Anyone whose premises are searched should ask to see the written authority, and may wish to take a legal consultation at once.
What changed in 2015
The 1993 rule 15(1) had two clauses: an authorised person could enter premises in which imported goods liable to confiscation, or books of accounts, documents or things useful for proceedings, were suspected to have been kept or concealed, and could inspect and take notes or extracts. The 2015 Amendment Rules substituted the rule. The main changes are:
- It reaches exports and goods and materials connected with services or technology.
- It covers computer resources and electronic records, by reference to the Information Technology Act, 2000 (21 of 2000).
- It adds the power to break open locks, to search persons and to require facility to inspect books.
- It adds sub-rule (5): the authorised officer may requisition the police or other officers.
The Information Technology Act, 2000 is another law; the reader should check its current text.
Rule 15(1): power to enter and search
Rule 15(1) begins: "Any person authorised by the Central Government under sub-section (1) of section 10 (hereinafter called the authorised person) may, at any reasonable time—". The rule then lists five powers.
| Clause | Power |
|---|---|
| (a) | Enter and search any premises where goods or materials liable to confiscation under the Act are suspected to have been kept or concealed, stored or processed, manufactured, traded, supplied or received for the purposes of import or export, or where books of accounts, documents or things (including a "computer resource" containing information in the form of an "electronic record") useful for or relevant to proceedings under the Act are suspected to have been kept or concealed |
| (b) | The same for premises from which services or technology (or goods connected with them) liable to confiscation are suspected to have been provided, supplied, received, consumed or utilised for import or export, or where such books, documents or things are suspected to be kept or concealed |
| (c) | Break open the lock of any door, box, locker, safe, almirah or other receptacle, where keys are not available, to exercise the powers in the earlier clauses |
| (d) | Search a person who has got out of, is about to get into, or is in the premises, if the authorised officer has reason to suspect that he has secreted about his person any such books of account, documents (including electronic records) or things |
| (e) | Inspect goods, materials, books of accounts, documents or things (including computer resources and electronic records), take notes, copies or extracts, and require a person in possession or control of books or documents to afford the necessary facility to inspect them |
The proviso to clause (b)
"Provided that provisions of clause (b) shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies".
So the search power over services and technology is limited. It applies only to a provider who takes benefit under the foreign trade policy or deals with specified services or technologies. The section 10(1) proviso introduced in 2010 has a similar restriction. For the meaning of "specified", see the definitions article.
Reading the powers closely
- "At any reasonable time" is not defined in the rule.
- Suspicion is enough to enter. Clauses (a) and (b) use "suspected to have been kept or concealed"; clause (d) uses "reason to suspect"; rule 15(2) uses "reasons to believe".
- Opinion of the authorised person. The books, documents or things must be those which, "in his opinion", are useful for or relevant to proceedings under the Act.
- Locks may be broken open only "where the keys thereof are not available".
Printing slips in rule 15 as substituted: clause (a) opens a square bracket for the Information Technology Act reference which is not closed; clause (c) refers to "clauses (i) and (ii)" where the clauses are (a) and (b); and the rule calls the same person "authorised person" and "authorised officer" in different places. They are flagged only. The words are quoted as printed.
Rule 15(2): reason to believe goods or documents are secreted
"If the authorised person has reasons to believe that—
(i) any imported goods or materials or goods or material for export (including goods or materials connected with services or technology) are liable to confiscation under the Act; or
(ii) any books of accounts or documents or things which, in his opinion, will be useful for or relevant to, any proceedings under the Act,
are secreted in any premises, he may enter into and search such premises for such goods, materials ..., books of accounts, documents or things or 'computer resource' ..."
The difference from rule 15(1) is the state of mind. Rule 15(1) works on suspicion that things "have been kept or concealed"; rule 15(2) works on "reasons to believe" that things "are secreted" in premises. The rule does not say how the reason is recorded or to whom it is shown.
Example: Orion Imports (an invented firm) is visited by an authorised person who suspects that purchase records are kept on a computer in its office. Under rule 15(1)(a) and (e) he may search the premises, inspect the computer resource and electronic records and take copies or extracts; if a cabinet is locked and the keys are not available, clause (c) lets him break it open. Orion should record what is taken and ask for a copy of the authority and of any list.
Need help after a search or inspection?
If an authorised person has entered your premises or asked for your records, our legal consultation service can help you check the authority, keep a record of what was taken and prepare for the next step. Later amendments to the Act, the Rules and the Policy should be checked.
Key takeaways
- Rule 15 lets a person authorised under section 10(1) enter and search premises at any reasonable time.
- It covers goods liable to confiscation and books of accounts, documents or things, including computer resources and electronic records.
- Clause (c) allows breaking open locks where keys are not available; clause (d) allows search of a person on reasonable suspicion.
- The search power over services and technology applies only to providers who take benefit under the foreign trade policy or deal with specified services or technologies.
- Rule 15(2) allows entry and search where the authorised person has reason to believe goods or documents are secreted.
- Rule 15 was substituted in full in 2015.
Read next
- Rule 15(3) to (5): seizure, return of goods and presumptions
- Section 10: power of search and seizure
- Rules 17 and 18: confiscation and redemption
- Section 19: power to make rules
Disclaimer: Based on the Foreign Trade (Development and Regulation) Act, 1992 as enacted read with the Amendment Act of 2010, and on the Foreign Trade (Regulation) Rules, 1993 as notified read with the Amendment Rules of 2015, as consulted on 2 October 2026. Later amendments, the current Foreign Trade Policy and the Handbook of Procedures should be checked. This article is general information, not legal advice; check the official text before acting.