Home / Legal Explainers / Health & Environment / Public Health / Drugs & Narcotics / Repeat or subsequent crimes

Repeat or subsequent crimes

Last updated on Jun 7, 2022

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

The punishment for repeat offenders under this law is very strict. If you were convicted once before for either committing, abetting or attempting to commit or even conspiring to commit a crime under the drug laws in India, the second or any subsequent punishment for the same crime can be 1.5 times higher, both for imprisonment and fine, than the previous punishment you received1

In some serious cases, if you were convicted for a crime in relation to commercial quantity of a drug and are now being convicted again for the same crime, you may be given the death penalty.  Before 2014, death penalty was mandatorily imposed for certain subsequent offences, but that has now been changed and is left at the discretion of the judge.

 

  1. Section 31, Narcotic Drugs and Psychotropic Substances Act, 1985[↩]

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

As you found this post useful...

Follow us on social media!

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Powers of police and authorities – Search, Seize and Arrest

Police officers have wide powers to search and arrest people in drug-related crimes and in many cases, without a warrant.

Government’s efforts for controlling drug abuse

The Central government has different schemes and centres for prevention of drug abuse as well as for the rehabilitation of addicts.

Consuming Drugs

Consuming banned drugs and substances is illegal in India and the punishment for this includes jail time  and/or fine. 

Immunity for addicts volunteering for treatment

If a convict in a drug-related crime for a small quantity, volunteers to undergo treatment for de-addiction, s/he will not be prosecuted.

Diazepam

The sale, manufacture, production, consumption or possession of Diazepam is punishable by jail time up to 20 years or a fine of up to 2 lakh.

Amphetamine

The punishment for Amphetamine (psychotropic substances) related crimes is proportional to the quantity that you are caught with.