The major drug laws of India are the Narcotic Drugs and Psychotropic Substances Act (1985)
and the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act
(1988).
The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha
on 23 August 1985. It was passed by both the Houses of Parliament and it was assented by the
President on 16 September 1985. It came into force on 14 November 1985 as THE NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (shortened to NDPS Act). Under
the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell,
purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from
March 1986. The Act is designed to fulfill India’s treaty obligations under the Single Convention
on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The Act has been
amended three times – in 1988, 2001, and most recently in 2014.
The 2014 Amendment recognizes the need for pain relief as an important obligation of the
government. It creates a class of medicines called Essential Narcotic Drugs (ENDs). Power for
legislation on ENDs has been shifted from the state governments to the central governments so
that the whole country now can have a uniform law covering these medicines which are needed
for pain relief.
Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act
The Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act is a drug
control law passed in 1988 by the Parliament of India. It was established to enable the full
implementation and enforcement of the Narcotic Drugs and Psychotropic Substances Act of
1985.
Narcotics Control Bureau
The Narcotics Control Bureau (NCB) is the chief law enforcement and intelligence agency of
India responsible for fighting drug trafficking and the abuse of illegal substances. It was created
on 17 March 1986 to enable the full implementation of the Narcotic Drugs and Psychotropic
Substances Act (1985) and fight its violation through the Prevention of Illicit Trafficking in
Narcotic Drugs and Psychotropic Substances Act (1988).
Punishment
Anyone who contravenes the NDPS Act will face punishment based on the quantity of the
banned substance.
- where the contravention involves small quantity(<1 kg), with rigorous imprisonment for a
term which may extend to 6 months, or with fine which may extend to ₹10,000 or with
both;
- where the contravention involves quantity lesser than commercial quantity but greater
than small quantity, with rigorous imprisonment for a term which may extend to 10 years
and with fine which may extend to ₹1 lakh;
- where the contravention involves commercial quantity, with rigorous imprisonment for a
term which shall not be less than 10 years but which may extend to 20 years and shall
also be liable to fine which shall not be less than ₹1 lakh but which may extend to ₹2
lakh.