Personal or smuggled? Things to know while carrying gold from abroad

Recent court rulings show how easily personal ornaments can be mistaken for smuggling. Here's what travellers must know about duty-free limits and declarations

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Carrying gold ornaments back from abroad can be stressful. Travellers often carry gold jewellery with them to wear during family functions or simply for personal use abroad. However, reports of seizures by custom officials at the airport leave passengers anxious about what is allowed and what is not.

 

The Delhi case that raised eyebrows

 

In March 2024, this anxiety turned real for Delhi resident Shamina. Returning from Riyadh, she was stopped at the IGI Airport with four gold bangles weighing 100 grams. Customs treated the ornaments as dutiable imports and ordered confiscation. Last month, however, the Delhi High Court ruled the seizure excessive. It stressed that ornaments worn on the body cannot automatically be branded smuggled gold, and ordered the release of the bangles subject to warehousing charges.

 

Similar disputes, such as Anjali Pandey v. Union of India (2024), involving a Thai tourist whose bangles were seized, show how the line between “personal jewellery” and “smuggling” is often blurred.

 

How Customs makes the distinction?

 

According to Mayank Arora, partner at The Chambers of Bharat Chugh, three factors guide customs officers:

 

·  Form: Ornaments worn on the body are usually treated as personal use, while bars or coins raise suspicion.

 

·  Quantity and intent: A few bangles or a chain are acceptable; multiple identical pieces suggest commercial purpose.

 

·  Declaration: Declaring jewellery at the red channel reduces risk, while concealment or mis-declaration increases suspicion.

 

Duty-free allowances: What travellers must know?

 

As Alay Razvi, managing partner at Accord Juris, explains, the baggage rules allow:

 

·  Men: 20g (Rs 50,000) of gold duty-free.

 

·  Women: 40g (Rs 1 lakh) of gold duty-free.

 

·  NRIs abroad for over one year: up to 1kg of gold (bars or jewellery) on payment of duty.

 

·  Tourists: no allowance, but ornaments worn for personal use can be declared and temporarily detained for re-export.

 

Gold bars, coins and biscuits are always dutiable, regardless of quantity.

 

What happens if you don’t declare?

 

Failing to declare jewellery can lead to costs and stress. Rohit Jain, managing partner at Singhania & Co., says:

 

·  If openly worn but not declared: duty plus fine (10–20 per cent of value) may apply.

 

·  If concealed: it may be treated as smuggling, leading to confiscation and, in high-value cases, even prosecution.

 

Traveller’s checklist

Experts recommend:

 

·  Declare jewellery at the red channel or through the ATITHI app.

 

·  Carry invoices or photos showing past ownership.

 

·  Request a detention receipt if jewellery is to be re-exported.

 

·  Avoid carrying bars or coins.

 

·  Never conceal ornaments.

 

“Transparency is the best safeguard,” says Arora. “Seizures and penalties usually follow concealment or non-declaration.”