TaxTMI 
TaxTMI 
29 Sep 2026 
1. Introduction
The sea is not merely a boundary of India. It is a busy legal and commercial space in which Customs, the Coast Guard, fisheries authorities and other regulators may exercise different powers for different purposes. For Customs professionals, one expression is particularly important: "Indian Customs Waters".
Section 2(28) of the Customs Act, 1962 defines Indian Customs Waters by reference to the Exclusive Economic Zone (EEZ), and also includes bays, gulfs, harbours, creeks and tidal rivers. The definition therefore gives Customs law a much wider maritime reach than the territorial sea alone.
But an important question follows: Does Customs control everything that happens up to 200 nautical miles? The answer is no. The real issue is the particular statutory power being exercised and the subject matter to which it relates.
2. What Are Indian Customs Waters?
Section 2(28) of the Customs Act defines "Indian Customs Waters" as the waters extending into the sea up to the limit of the Exclusive Economic Zone under Section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. The definition also expressly includes any bay, gulf, harbour, creek or tidal river.
The practical message is simple: the Customs Act is not confined to the Customs port or to the shoreline. In appropriate cases, its enforcement powers can operate at sea.
3. Why Does This Matter?
Smuggling does not begin at the Customs barrier. A vessel carrying gold, narcotics, cigarettes, prohibited goods or other contraband may be intercepted before it reaches an Indian port. The wider definition of Indian Customs Waters therefore supports preventive Customs enforcement.
The Customs Act contains powers concerning search, arrest, stopping of vessels and confiscation. Your original draft correctly identifies Sections 104, 106, 111 and 115 as particularly relevant to this maritime jurisdiction.
4. The Power to Stop and Search a Vessel
Section 106 is one of the key maritime enforcement provisions. In circumstances covered by the section, a Customs officer may require a vessel to stop and may search it. Failure to comply can have serious consequences, including possible confiscation of the vessel under Section 115(1)(c), subject to the statutory requirements.
This is why Indian Customs Waters should be understood as an enforcement concept. Customs may act before an attempted illegal importation reaches land.
5. Search of Persons and Arrest
The Customs Act also contains powers relating to the search of persons and arrest. Section 100 provides for search in specified circumstances, while Section 104 deals with arrest where the statutory conditions are satisfied.
Thus, where a person aboard a vessel is reasonably suspected of concealing goods liable to confiscation, the Customs Act can become directly relevant even though the vessel is still at sea.
6. Goods Brought into Customs Waters
Section 111(d) is particularly important. Goods brought within Indian Customs Waters contrary to an import prohibition can become liable to confiscation. The provision illustrates that Customs enforcement is not restricted to the moment when goods are presented at a Customs station.
In practical terms, the sea itself can be the location at which an attempted unlawful import is detected and prevented.
7. Can Customs Control Everything Up to 200 Nautical Miles?
No. This is the most important qualification.
The phrase "Indian Customs Waters" does not mean that Customs becomes the general regulator of every activity carried out in the EEZ. India's maritime laws allocate different functions to different authorities under different statutes.
The better legal approach is to ask: Where is the activity taking place? What maritime zone is involved? What goods, vessel or activity is involved? And, most importantly, which statute gives the particular authority the power being exercised?
8. Fishing: A Separate Regulatory Activity
Fishing is a good illustration of the distinction. The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 provides a specialised framework for regulating fishing by foreign vessels in India's maritime zones.
The legislation deals with activities such as catching, taking, killing, attracting and pursuing fish, as well as associated activities such as processing, preserving, transferring, receiving and transporting fish.
Therefore, a foreign fishing vessel operating unlawfully is not simply a "Customs case" because it is within Indian Customs Waters. The applicable fisheries legislation must also be considered.
At the same time, if the same vessel is carrying smuggled or prohibited goods, the Customs Act may independently apply. One vessel can therefore attract more than one statutory regime.
9. Offshore Oil and Gas: Customs Is Not the Resource Regulator
The same distinction becomes important in offshore oil and gas operations. Offshore exploration and production involve specialised petroleum and offshore regulatory laws. The location of an offshore installation within Indian Customs Waters does not, by itself, make Customs the regulator of petroleum extraction.
Customs can nevertheless become relevant to the goods and conveyances associated with the operation-for example, imported machinery, equipment, spare parts, stores, chemicals or other goods where the Customs Act is attracted.
The practical distinction is therefore: the resource activity is governed by its specialised regulatory framework; the Customs treatment of imported, exported or otherwise regulated goods is governed by Customs law.
10. Offshore Minerals and Installations
The Offshore Areas Mineral (Development and Regulation) Act, 2002 provides a separate framework for the development and regulation of mineral resources in specified offshore areas. Offshore installations may also involve specialised rules concerning safety, environment, navigation and maritime security.
A drilling rig or offshore platform may therefore simultaneously involve several legal regimes. Customs may deal with the goods; another authority may regulate the underlying offshore activity; and the Coast Guard may have maritime enforcement or environmental responsibilities.
11. Customs and the Coast Guard - Different Roles, Possible Cooperation
The Coast Guard Act, 1978 gives the Indian Coast Guard important responsibilities in India's maritime zones, including maritime security, assistance to fishermen in distress, protection of the marine environment and assistance to Customs in anti-smuggling operations.
This creates an important operational relationship. The Coast Guard may intercept or secure a vessel in the course of maritime enforcement, while Customs may exercise the statutory powers relating to the goods, importation, seizure, arrest, adjudication and confiscation under the Customs Act.
The presence of the Coast Guard does not turn Coast Guard officers into Customs officers. Similarly, the existence of Customs jurisdiction does not make Customs the regulator of every maritime activity.
12. A Simple Practical Example
Suppose a fishing vessel is operating in the EEZ. Intelligence indicates that it is also carrying undeclared foreign cigarettes intended to be smuggled into India.
The fishing activity may be regulated under fisheries legislation. The Coast Guard may have a role in maritime interception and assistance to Customs. The undeclared cigarettes and their intended unlawful importation may attract the Customs Act.
The same vessel can therefore be subject to different laws for different activities. The correct question is not "Who controls the sea?" but "Which authority has which statutory power over which activity?"
13. Another Example: An Offshore Oil Platform
Consider an offshore oil installation located 150 nautical miles from the Indian baseline. Imported drilling machinery, spare parts, fuel, chemicals and offshore supply vessels may all be involved.
The fact that the installation lies within Indian Customs Waters does not mean that Customs regulates oil extraction itself. The underlying petroleum and offshore activity is governed by the relevant specialised framework. Customs law becomes relevant to the import, export, movement and treatment of goods and conveyances where the statutory provisions apply.
This distinction is particularly important for offshore industry compliance and Customs audit.
14. The Concept of Functional Jurisdiction
Indian maritime law is best understood as a system of functional jurisdiction. Different authorities may operate in the same geographical area but exercise different statutory powers.
Customs: goods, import, export, duty, prohibition and smuggling.
Coast Guard: maritime security, safety at sea, fishermen, marine pollution and assistance/enforcement functions prescribed by law.
Fisheries authorities: fishing activity and fisheries regulation.
Offshore resource authorities: exploration and development of offshore resources under the applicable regulatory framework.
Other maritime authorities: navigation, safety, environmental and specialised regulatory functions.
15. A Practical Test for Concerned Professionals
Whenever a maritime Customs issue arises, four questions should be asked:
1. Where is the vessel, goods or installation located?
2. Which maritime zone is involved?
3. What exactly is the activity-import, export, fishing, exploration, extraction, transportation or something else?
4. Which specific statutory provision gives the authority the power being exercised?
The fourth question is often the decisive one. Geographical jurisdiction alone should not be treated as an unlimited substantive power.
16. Conclusion
Section 2(28) of the Customs Act, 1962 gives Customs law a substantial maritime reach by defining Indian Customs Waters with reference to the EEZ. This is critical for preventing smuggling, stopping vessels, searching persons and conveyances, dealing with prohibited imports and, in appropriate circumstances, confiscating goods and vessels.
But the expression should not be misunderstood. Indian Customs Waters is not another name for "an area exclusively controlled by Customs". Fishing, offshore oil and gas, offshore minerals, maritime security, pollution control and other activities are governed by their respective statutory regimes.
The most useful principle for practitioners is therefore straightforward:
"Indian Customs Waters gives Customs law a wide geographical reach; it does not give Customs unlimited control over every activity carried out at sea."
Selected Statutory References
- Customs Act, 1962 - Sections 2(28), 100, 104, 106, 111 and 115.
- Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - particularly Sections 3 and 7.
- Coast Guard Act, 1978 - particularly Section 14.
- Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981.
- Offshore Areas Mineral (Development and Regulation) Act, 2002.