Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 with Rules – Bare Act with Section Notes By Taxmann’s Editorial Board

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (COFEPOSA) with Rules [Bare Act with Section Notes] by Taxmann is an authoritative statutory compendium governing India’s preventive detention and property forfeiture regime, aimed at combating economic offences such as smuggling and violations of foreign exchange laws. This publication presents COFEPOSA not merely as a detention statute, but as an integrated economic security framework that balances national interests with constitutional safeguards. The book consolidates the fully amended and operative text of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, along with all relevant Rules. It further incorporates the complete statutory text of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act 1976 (SAFEMA) and the Smugglers and Foreign Exchange Manipulators (Receipt, Management and Disposal of Forfeited Property) Rules 2006, thereby offering a single, integrated reference for detention, forfeiture, adjudication, and asset management proceedings. Each statutory provision is supported by section-wise notes, explanatory commentary, and curated judicial precedents, enabling readers to understand not only the letter of the law but also its constitutional interpretation, procedural safeguards, and practical application. The publication serves as a dependable reference for enforcement, litigation, compliance, and policy analysis within India’s economic offence and national security framework.

This book is intended for the following audience:

• Legal Practitioners, Judges & Judicial Officers for authoritative statutory reference, constitutional interpretation, and case-law guidance in preventive detention, habeas corpus, and forfeiture proceedings
• Law Enforcement Agencies & Customs Officials for operational guidance in detention orders, forfeiture actions, asset management, and compliance with procedural safeguards
• Compliance, Risk & Regulatory Professionals in banks, NBFCs, export houses, and regulated entities requiring strict adherence to anti-smuggling and foreign exchange control laws
• Academicians, Researchers & Law Students for foundational and advanced study of preventive detention jurisprudence, economic offences, and constitutional limitations
• Government Departments, Policymakers & Regulatory Authorities for formulation, enforcement, and review of anti-smuggling and foreign exchange conservation policies

The Present Publication is the 2026 Edition, covering the amended and updated text of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) [Act No. 52 of 1974] and Rules, with the following noteworthy features:

• [Comprehensive Statutory Text] Includes the complete and updated text of the COFEPOSA Act 1974 with all amendments in force
• [Allied Legislation in Full] Incorporates the entire text of:
  • Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act 1976
  • SAFEMA (Receipt, Management and Disposal of Forfeited Property) Rules 2006
• [Detailed Section-wise Notes & Commentary] Each provision is supported by explanatory notes covering scope, legislative intent, procedural requirements, and constitutional positioning
• [Judicial Precedents] Carefully selected Supreme Court and High Court decisions elucidating preventive detention standards, representation rights, advisory board procedures, forfeiture validity, and safeguards under Articles 14, 21, and 22
• [Practical Compliance & Procedural Guidance] Clarifies detention orders, execution, revocation, extensions, forfeiture proceedings, burden of proof, and remedies, with emphasis on real-world enforcement and defence considerations
• [Subject Index & Quick Navigation] Detailed subject indices for each Act and Rules enable rapid access to provisions, concepts, and procedural stages
• [Updated for the 2026 Edition] Incorporates all legislative amendments, notifications, and judicial developments relevant up to the date of publication, ensuring accuracy and currency
• [Utility for Litigation and Compliance] Section-wise notes, case-law extracts, and procedural clarifications make the book invaluable for drafting petitions, representations, compliance documentation, and defence briefs
• [Authoritative & Trusted Reference] Recognised for decades as a standard statutory reference on preventive detention and forfeiture in economic offence matters by courts, enforcement agencies, and policymakers

The structure of the book is as follows:

• Section-wise Presentation – The principal Acts are presented in a clear, section-by-section format, with notes and case-law placed immediately after the relevant provisions
• Logical Segmentation of Laws – COFEPOSA, SAFEMA, and the Forfeited Property Rules are treated as distinct yet interconnected statutes, each supported by its own subject index
• Practical Aids & Prescribed Forms – Includes statutory forms, procedural registers, and rule-based mechanisms (particularly under SAFEMA Rules 2006) for ready reference by practitioners and enforcement authorities