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Ancient Monuments Preservation Act, 1904

Section 17: Power to Central Government to control traffic in antiquities

(1) If the Central Government apprehends that antiquities that are being sold or removed to the detriment of India or of any neighbouring country, it may, by notification1 in the Official Gazette, prohibit or restrict the bringing or taking by sea or by land of any antiquities or class of antiquities described in the notification into or out of [the territories to which this Act extends] or any specified part of [the said territories].

(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of [the said territories] or any part of [the said territories] in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees.

(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be liable to confiscation.

(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly empowered by the [Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein.

(5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the [Central Government], and the [Central Governmen] shall pass such order and may award such compensation, if any, as appears to it to be just.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 17

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