The legal framework
The Narcotic Drugs and Psychotropic Substances Act 1985 defines small, intermediate and commercial quantities for each substance. A small quantity carries up to one year or a fine; a commercial quantity carries a mandatory minimum of ten years, extendable to twenty, with bail severely restricted by section 37.
Section 27 punishes consumption itself, with up to one year for most drugs and up to six months for cannabis and some others.
Section 64A offers immunity from prosecution to an addict charged with consumption or a small quantity who volunteers for treatment at a recognised centre and completes it.
Bhang, made from cannabis leaves, is outside the Act's definition of cannabis and is sold legally in several states, while ganja and charas are not: the distinction surprises most visitors.
The death penalty is available for a repeat offence involving very large quantities, though it is rarely imposed.
Key points
| Main statute | Narcotic Drugs and Psychotropic Substances Act 1985 |
|---|---|
| Small quantity | Up to 1 year or a fine |
| Commercial quantity | Mandatory minimum 10 years, up to 20; bail restricted |
| Consumption | Section 27: up to 1 year; 6 months for cannabis |
| Treatment immunity | Section 64A, for volunteers who complete treatment |
| Bhang | Outside the statutory definition; legal in several states |
In practice
- Government de-addiction centres operate under the national programme and are free; private centres vary widely in quality.
- Section 64A immunity requires volunteering before or during proceedings and completing the treatment.
- A foreign national arrested under the Act should contact their embassy immediately: bail under section 37 is very difficult for commercial quantities.
Cost and coverage
Government de-addiction centres are free. Private residential treatment ranges from modest to very expensive with no reliable quality signal.
Recent changes
The national de-addiction programme has expanded outpatient opioid substitution, and buprenorphine treatment is available in a growing number of districts.
Where to go
- Government de-addiction centres under the Ministry of Social Justice.
- National Toll-free Drug De-addiction Helpline, 1800-11-0031.
- AIIMS National Drug Dependence Treatment Centre, Ghaziabad.
- Emergencies: 112.
Worth knowing
Quantity determines everything. The commercial-quantity thresholds are low for some substances, and the ten-year minimum with restricted bail applies regardless of personal circumstances.
Frequently asked questions
Is bhang legal in India?
Bhang is outside the Act's definition of cannabis and is sold legally in several states; ganja and charas are not.
Can treatment replace prosecution?
Section 64A gives immunity to an addict charged with consumption or a small quantity who volunteers for treatment and completes it.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation