Addiction Support
  • Home
  • I am Recovering
    • Addiction
    • Addiction & Recovery
    • Recovery Testimonies
    • Job Search Guide
    • Self Employment
  • Support
    • Support for addiction
    • Meeting List of NA in India
    • Meeting List of AA in India
    • Counseling
  • Help & Information
    • Where To Find Help
    • Prevention and Management
  • Awareness
    • For Those Concerned
  • Listen
    • Voices from the Field
  • Law
    • Drugs & Law
  • Features
  • Resources
  • FAQ
    • FAQs on Alcohol
    • FAQs on HIV/AIDS
    • FAQs on Drugs
    • FAQs for Parents
    • FAQs on Recovery
  • Showcasing Initiatives
    • Kripa Foundation
    • Muktangan De-addiction
    • World No Tobacco Day
    • Renaissance Therapy Center
Aarogya.com
Marathi | Gujarati | Register | Login
  • Home
  • Law
  • Drugs & Law
  • Drugs & Law in India

Drugs & Law in India

  • Print
  • Email
Details
Hits: 82435
India India
Is my child punishable by law if he is caught with drugs that he is using?
Yes. Possession of drugs is in itself an offence under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). It does not matter whether the possession is for personal consumption or for any other purpose. The punishment depends upon the quantity of drugs he possesses. However, if he is charged with either possession of small quantities of drugs or with consumption of drugs and he voluntarily seeks to undergo medical treatment for de– addiction from a hospital or an institution maintained or recognized by the government or a local authority, he shall not be liable for prosecution. This immunity from prosecution may be withdrawn if he does not undergo the complete treatment for de–addiction.

  • Drug Laws in India
  • JJ ACT 2000
  • NDPS Act
What if she is caught carrying drugs for herself and her friends for a party?
Then the quantity of drugs she is found with may exceed what is considered “Small” and she will be dealt with accordingly. The penalty for possession of various quantities of drugs is shown below:

Small quantity Up to 6 months rigorous imprisonment or fine up to Rs. 10,000 or both
More than small quantity but less than commercial quantity Up to 10 years rigorous imprisonment and fine up to Rs. 1,00,000.
Commercial quantity Rigorous imprisonment of 10 to 20 years and fine of Rs. 1,00,000 to Rs. 2,00,000

How much drug is considered small or commercial quantity?
The quantities differ with the type of drug and are notified by the government. The quantities for a few common drugs are below:

Drug Small Quantity* Commercial Quantity**
Heroin 5 grams 250 grams
Cocaine 2 grams 100 grams
Hashish/Charas1 Kg 100 grams 1 Kg
Opium 25 grams 2.5 kg
Ganja 1 Kg 20 Kg
* Any quantity below the prescribed limit is small quantity
** Any quantity below the prescribed limit is Commercial quantity

Will he get any consideration for his young age under the law?
Yes. If he is less than 18 years of age, then a special law called the Juvenile Justice (Care and Protection) Act applies for any offence, which he may commit under any law including NDPS Act.

Know a drug peddler – who should I report this to?
To the nearest police station. Delhi police also has a special narcotics cell headed by a Deputy Commissioner of Police. You could also report it to any officer of state excise, customs, central excise. Narcotics Control Bureau, Directorate of Revenue Intelligence, or Central Bureau of Investigation, all of whom are empowered to take action under the law.

Is there any age when one can legally use drugs?
No. Drug use is not like alcohol or smoking. It is illegal for anyone of any age to use drugs.

Is there any quantity of a drug (esp. weed) that one can carry legally?
No. Possession of drugs is an offence no matter how large or small. Some drugs such as diazepam, buprenorphine, proxyvone have medical uses. You can buy and use such drugs if the doctor prescribes it. The pharmacists selling them and the companies manufacturing them also have licences under the law.

What if the amount of drug I’m carrying is less than what is prescribed as a “Small quantity” under the law?
If you carry any quantity below the threshold prescribed as small quantity, you will be punishable for possession of small quantity of drug.

Who is liable in the following situations?
My friends are using drugs on my property (we are all adults)
If you knowingly allow them to use your property to use drugs, you will be liable for the same punishment as those using drugs. If they used it without your knowledge, then you are not liable.

My friends are using drugs on my property (we are minors). In this case, would my parents be held responsible?
If you are a minor, it is likely that the property is in the name of your parents. They will be liable for punishment if they knowingly allow your friends to use drugs in their premises. As minors, your friends may enjoy protection under the Juvenile Justice (Care & Protection) Act, which means you will be sent to a remand home instead of jail. However, your parents, being adults, will be sentenced for allowing their premises to be used for using drugs. It is better to play safe. If you suspect someone is likely to use drugs on your premises, DO NOT allow them to use your premises.

12

Drugs & Law

  • Drugs & Law in Sri Lanka
  • Drugs & Law in Nepal
  • Drugs & Law in Maldives
  • Drugs & Law in India
  • Drugs & Law in Bhutan
  • Drugs & Law in Bangladesh
Introducing Digital Practice for Doctors & Healthcare professionals

Sobriety Birthday

  • Sobriety birthday
  • Search Sobriety Birthday
Sobriety Birthday
National Award for Outstanding achievement by a Non-Professional - Tushar Sampat

Aarogya Network

aarogya.com aims to be India’s leading comprehensive health information portal. The site has sections, which cover almost all the medical specialties and give useful information on various diseases. To enhance its reach, the content is available in Indian languages too. We were the first health website to introduce online support groups. Addiction support and Epilepsy support are examples of some very active and vibrant communities.

» Click here to see all our support groups
Pune Aarogya
Digital Media Dedicated to Healthcare of Punekars

Subscribe Our Newsletter

Get health related new information.

Link to Aaraogya

aarogya logo

Email Code

Health Tools

  • Health Directory
  • Message Board
  • Health Calculators
  • Depression Screening Test

About Addictionsupport.aarogya.com

The We in Recovery is a project based on experience from the field. The project idea was conceived by Tushar Sampat of T-edge Solution Pvt. Ltd.

Read more...

Suggestions

This is YOUR site, so if you have suggestions or feedback on how we can improve it for you, please let us know! We do our best to keep up!

Read more...

User Comments

“My name is Paulette Conners and I just had to send you an email thanking you since one of the pages on your site was very helpful!”

  • Contact Us
  • Feedback
  • Privacy Policy
  • Sitemap
  • Invite Your Friends
  • About Us
  • Disclaimer
  • Archive

© 2016 www.aarogya.com. All Rights Reserved.