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Customs · FEMA · Currency

Dollars or currency seized at the airport

The declaration limits that decide most cases, what happens after the money is taken, the documents that get it back, and the outbound mistakes that cause the most trouble.

Law stated as at 2 October 2026

The short answer

Short answer

Currency counts as "goods" under the Customs Act (section 2(22)), so carrying it in breach of the FEMA currency regulations makes it liable to confiscation: under section 111 when arriving and section 113 when leaving. A penalty can follow. Undeclared does not automatically mean unlawful in origin, and in many cases the currency is released on a redemption fine once its source is shown.

Most currency cases turn on two questions: was a declaration required, and can the money be traced to a legitimate source? The first is a matter of the limits below. The second is a matter of documents.

The limits: what needs declaring, and what cannot be carried

The rules are in the Foreign Exchange Management (Export and Import of Currency) Regulations, 2015, issued by the RBI. The Baggage Rules, 2026 (rule 8) adopt them for passengers.

SituationRule
Arriving with foreign currencyNo limit on the amount, but declare on the Currency Declaration Form (CDF) if foreign currency notes exceed US$5,000, or if notes, bank notes and travellers' cheques together exceed US$10,000 (or the equivalent)
Resident leaving India with foreign currencyOnly foreign exchange obtained from an authorised dealer or money changer within the permitted purposes. Keep the purchase or encashment document.
Non-resident leaving India with foreign currencyUp to the amount brought in and declared on arrival, so keep the CDF
Indian currency, in or outUp to ₹25,000 per person. Separate rules apply to travel to and from Nepal and Bhutan.

The CDF was updated by the RBI's amendment of 23 February 2026, without changing these thresholds.

What happens when currency is seized

  1. Detention or seizure. The currency is counted, the notes are listed by denomination, and a detention receipt or seizure memo is issued. Check the count before signing.
  2. Statement and source questions. A section 108 statement records where the money came from, who it belongs to and why it was carried. Inconsistent explanations at this stage are hard to repair later.
  3. Information sharing. Larger or unexplained amounts may be reported to other authorities, such as the Enforcement Directorate for FEMA adjudication or the Income Tax Department.
  4. Show cause notice and adjudication. The same procedure as for goods applies: a written notice within six months of seizure (section 110(2)), a reply, a personal hearing and a reasoned order (section 124). The order may release the currency, allow redemption on a fine (section 125) with a penalty, or confiscate it absolutely.
  5. Prosecution. This is uncommon for modest amounts. Where the value of undeclared goods exceeds ₹1 crore, a Customs offence is non-bailable (section 104(6)). Patterns suggesting hawala or carrying for others can also lead to COFEPOSA, the preventive detention law that exists precisely for foreign exchange and smuggling.

Getting the currency back: what persuades

  • Bank withdrawal slips, money-changer receipts and encashment certificates that match the denominations and amounts.
  • A CDF from the earlier inward journey, for non-residents taking money out.
  • Salary, business or sale records abroad that explain the cash, with dates close to travel.
  • A coherent explanation of purpose (medical treatment, education fees, a family event) supported by documents.
  • If the money was pooled within a family, statements and documents from each contributor.

Where the source is shown and the only failure was a missed declaration, adjudicating authorities and revisionary authorities have often allowed release on a redemption fine rather than absolute confiscation. The exercise of discretion under section 125 must be reasoned.

Leaving India: the outbound traps

  • Carrying Indian rupees above ₹25,000 to a country other than Nepal or Bhutan.
  • Carrying foreign currency without a purchase document, or more than the amount declared on arrival (for non-residents).
  • Carrying cash handed over by someone else to "deliver" abroad. This is the classic carrier pattern, and it carries the highest risk.
  • Splitting one family's money between several travellers to stay under a threshold. This looks like structuring even when it is innocent.

Appeal and revision

An order confiscating currency carried by a passenger follows the baggage route: appeal to the Commissioner (Appeals) within 60 days (section 128), then a revision application to the Central Government under section 129DD, not an appeal to CESTAT. Procedural failures, such as no notice, no hearing or retention beyond the statutory period, can be taken to the High Court.

How we assist

  • Building the source-of-funds file quickly, while bank and money-changer records are easy to obtain.
  • Replies to show cause notices, personal hearings and arguments for redemption.
  • Appeals and revision applications; parallel FEMA or tax notices where they arise.
  • Bail and COFEPOSA representation where the case escalates.
How it unfolds

From the counter to release

The usual course of a currency seizure. Tap a stage for detail.

  1. Stage 01

    Detained at the counter

    Notes counted and listed by denomination; a detention receipt or seizure memo is issued.

  2. Stage 02

    Statement on source

    A section 108 statement records ownership, source and purpose. Consistency matters.

  3. Stage 03

    Source documents

    Withdrawal slips, encashment certificates, CDFs and income records are gathered.

  4. Stage 04

    Show cause notice

    A written notice within six months, a reply and a personal hearing.

  5. Stage 05

    Order

    Release, redemption on fine and penalty, or absolute confiscation.

  6. Stage 06

    Appeal and revision

    Commissioner (Appeals), then revision under section 129DD.

Questions

Currency at the airport: common questions

How many US dollars can I bring into India without declaring them?

Up to US$5,000 in foreign currency notes, and up to US$10,000 in total if travellers' cheques and other foreign exchange are included. Above either limit, declare on the Currency Declaration Form on arrival. There is no upper limit on the amount that can be brought in, only on what can be brought in without a declaration.

How much Indian currency can I take abroad?

Up to ₹25,000 per person under the FEMA (Export and Import of Currency) Regulations, 2015. Travel to Nepal and Bhutan has separate rules.

Customs seized my dollars when I was leaving India. Can I get them back?

Often, yes, if the source can be shown. You are entitled to a show cause notice, a reply and a personal hearing. Release on a redemption fine and a penalty is commonly argued where the only failure was a missing declaration or a missing purchase document.

Is carrying undeclared foreign currency a criminal offence?

It makes the currency liable to confiscation and attracts a penalty. Prosecution is possible but is unusual for modest amounts. Above ₹1 crore in value, a Customs offence becomes non-bailable. Hawala-type patterns can also lead to COFEPOSA detention.

Do I need to keep my Currency Declaration Form?

Yes. A non-resident can take out foreign currency only up to the amount declared on arrival, and the CDF is the proof.

Will the Enforcement Directorate or Income Tax be told?

Larger or unexplained amounts may be shared with them. That is one reason why the first statement, and the source documents behind it, matter.

Where is an appeal filed against confiscation of currency at the airport?

To the Commissioner (Appeals) within 60 days, and then by a revision application to the Central Government under section 129DD of the Customs Act, because it is a baggage case.

Enquiry

Currency taken at the airport?

Tell us the airport, the date, the amount and currency, and whether you were arriving or leaving.

Please do not send documents or confidential details in a first message. The airport, the agency, the date and a general description are enough to begin. A secure channel can be arranged once the enquiry has been acknowledged.

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