• Does section 111 and 112 under Customs Act affect my career

Dear sir/madam, 
I purchased an adult toy in February 2024 which was held by customs and I was sent a query letter in April 2024 that the item is not legal to import and it would be liable for confiscation if no reply is received. It also asked me to provide my kyc, bank transaction details, etc other proofs for levy of duties by the department. I was extremely frightened and did not reply to the letter that time. 
I received a show cause notice almost after a year and half in August 2025 to show cause why the items should not be confiscated under section 111 and penalty should not be imposed under section 112 of customs act, nothing about ipc section 292. I am completely fine with confiscation and penalty and I replied via the letter the same. I learnt my lesson in a very hard way and will always deeply greive about this incident in my life. No one including my parents know about this incident. 
I am currently studying hard for my upsc exam, 
So, 1. will this create any adverse remarks in my police verification, etc after joining?
2. Will this violation of customs act be recorded and trouble my future and my career? Can I ever get out of this darkest phase of my life?
3. Will I be asked to submit my id proof/kyc while paying the penalty imposed?
Please help me. Many thanks in advance for anyone answering.
Asked 3 months ago in Civil Law

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11 Answers

No

Matter will close once penalty paid.

No

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It will not adversely affect your career 

 

2) it will not be recorded and affect your future 

 

3) it is not a criminal case 

 

4) you just have to pay the penalty 

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

- Actually, there is no law stating that sex toys are not allowed in India.

- However, Section 292 of the IPC prevents the sale of any material or product that is ‘obscene’ in nature in India. But, no statement has been mentioned regarding the ‘Ban on Sex Toys in India

- Further, keeping sex toys at home for personal use, is not an offence unless the individual is private about its usage and functioning. Every individual has his/her private life and hence, they have the full right to do whatever they want to under those boundations.

- As per the website of ChhatrapatiShivaji International Airport, Customs displayed a list of items that are prohibited for import. Pornographic and Obscene materials are covered under Prohibited items of this list , and under section 111(d) of Customs Act, this item is liable for confiscation and is also liable for penalty u/s 112 of Customs Act, 1962.

- Further, as per the Kolkata High Court , sex toys sold in India comes under the charges of “obscenity”. The Court held that the charges on obscenity cannot be held as they were not legally sustainable. Just because the toy brings out sexual desires, it cannot be labeled as ‘obscene’.

- Since, you got notice from Custom Department; hence you should give the reply of the show cause notice to the department and appear for personal hearing, and thereby declare before them that the said items are for personal use and not for sale to other persons. 

1. No it will not effect your police verification as there is no FIR 

2. No 

3. Don't give your account number and kyc details 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

No the same will not reflect 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Section 111 of the Customs Act, 1962 outlines conditions for the confiscation of improperly imported goods, such as goods imported contrary to prohibitions, found concealed, or not mentioned in import manifests. Section 112 imposes monetary penalties on individuals who commit acts or omissions that make goods liable for confiscation under Section 111, or who acquire or deal with such goods. In essence, Section 111 identifies the illegal goods, while Section 112 details the financial consequences for those involved in their improper import or possession. 

1. Since this is a customs case and not police prosecuted case, it will not appear in police records, besides once you pay the penalty imposed by customs department, it will not reflect anywhere hence this will not hamper your UPSC examinations or background verification for government jobs.

2. No

3. No, you will not be asked to produce your identity details at the time of payment of penalty.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

A penalty and confiscation issued under Sections 111 and 112 of the Customs Act for import of a prohibited item (such as an adult toy) is not a criminal conviction and does not result in a criminal record; it is an administrative penalty for a customs violation. Such proceedings are handled by customs, not by police or criminal courts, and do not invoke IPC Section 292 or offenses that appear in police or judicial records.

Impact on UPSC/Background Verification

  1. Police Verification:
    Customs violations and administrative penalties do not form part of police records or judicial criminal records. Unless a separate FIR or criminal case is registered under IPC—such as for obscenity, smuggling, or other criminal acts—these matters are not traced by police during standard UPSC or government recruitment verification.

  2. Career/Future Concerns:
    Payment of customs duties, KYC submission, responding to show cause notices, and payment of penalties are considered closure of the matter. As long as you comply with customs orders and no separate criminal case is filed, there is no impact on your government job prospects, nor do you need to declare this as a criminal offense in future applications.

  3. ID Proof/KYC at Penalty Payment:
    Customs may require you to submit KYC (identity proof) such as Aadhaar or PAN while paying the penalty or replying to notices. This is standard for customs clearance and penalty procedures—your identity is retained for departmental records but is not made public or linked to criminal databases.

Guidance for Recovery and Moving On

  • Comply fully: Pay the penalty, submit required documents, and reply to all notices. After the process is complete, keep copies for your records, but do not disclose or publicize.

  • No adverse career effect: Unless a future criminal case or FIR is filed, there is no permanent record affecting UPSC or government job background checks.

  • Confidentiality: Customs proceedings are not disclosed to third parties or future employers unless required by law or if you disclose them voluntarily.


If you require further support for handling customs notices, appeals, or clarification during recruitment, consult a legal professional. You can move ahead with your career and UPSC exam preparation without fear. This advice is confidential and based strictly on your shared facts

Yuganshu Sharma
Advocate, Delhi
944 Answers
2 Consultations

Only offences involving moral turpitude will have effect on service of government employee or potential government employee. placing order for adult toy in no way affects society. There will not be any adverse impact on your chances of landing government job. Once penalty is paid, matter will be closed for ever.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

  • This incident is limited to Customs adjudication.
  • There is no criminal case, no FIR, and no conviction.
  • It will not affect your UPSC verification or government career.
  • Once penalty is paid, the matter is closed.

You have already taken the right step by responding truthfully and accepting confiscation/penalty. Please don’t let this weigh you down anymore. You can fully focus on your UPSC preparation and future.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

  • Not a criminal case – Sections 111/112 are customs penalty provisions, not IPC. No FIR, no criminal record.

  • Police verification/UPSC – This won’t affect your verification or career once penalty is paid.

  • Records – Customs may keep internal records, but they don’t appear in police/government checks.

  • KYC – You may need to give PAN/Aadhaar when paying penalty, just routine.

Settle the penalty, the matter ends. No long-term impact on your career.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

1. Effect on Police Verification for UPSC / Govt Jobs

  • Customs violations of this nature are not IPC/Criminal Court convictions.

  • If the case ends with confiscation + monetary penalty under Customs Act, and no prosecution is launched (i.e., no criminal trial or conviction), then it is treated as a quasi-judicial penalty, not a criminal offence.

  • In police verification, what is relevant is whether you have been convicted of a criminal offence involving moral turpitude. A customs penalty of this kind does not amount to a criminal conviction, so it should not ordinarily reflect in police verification records.

2. Will this trouble your future/career?

  • No criminal case is being pursued against you under IPC 292 or Customs prosecution, as per your narration. Only confiscation/penalty proceedings are happening.

  • Such proceedings are administrative and remain within Customs Department records. They do not go into general police/criminal databases that are checked during government service verification.

  • Unless you deliberately conceal a “conviction” when asked (which you don’t have here), this incident will not legally disqualify you from UPSC or other government jobs.

  • So yes, you can absolutely move past this phase.

3. ID Proof / KYC for Paying Penalty

  • Normally, when paying a customs penalty, you may need to provide some identifying details (PAN/Aadhar) for accounting purposes.

  • This does not mean any further action — it is only procedural to link payment with the case file. It does not get published or shared with police/employer.



Summary:

  • This will not appear in police verification.

  • This is not a criminal conviction, so it cannot legally affect UPSC eligibility.

  • Paying penalty may involve furnishing ID, but only for internal customs records.

  • You can and should treat this as a closed chapter — it will not follow you into your career.

Aman Verma
Advocate, Delhi
501 Answers

Dear Client, 

confiscation of the item under Section 111 and imposition of a monetary penalty under Section 112 of the Customs Act is a quasi-judicial/administrative matter, not a criminal conviction, and since no charge has been made under IPC Section 292 or any other penal provision, it will not ordinarily reflect in police verification or adversely affect your UPSC background check, which mainly looks at criminal cases, convictions, or ongoing FIRs; once you accept confiscation and pay the penalty, the matter generally ends with the customs department and is not carried forward as a permanent record against your name, though you may be asked for KYC while making payment as part of departmental procedure, but that too stays within customs files, so while it is natural to feel anxious, this incident will not ruin your future career prospects and you can put it behind you.

 

I hope this answer helps. For any further queries please do not hesitate to contact us. Thank you. 

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

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