If you are a drug addict who has been caught consuming a small amount of drugs, you could voluntarily seek to undergo medical treatment for de-addiction. The Court will direct that you be released for undergoing such treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by the government.
But it is important to note this option is available only if/when you’ve been caught consuming a small quantity. For every other offence, the Act strictly does not allow commutation or reduction of sentence.(( Section 64A, Narcotic Drugs and Psychotropic Substances Act, 1985.))
Yes, if an officer catches you smoking weed, you can be punished with imprisonment up to one year, or a fine of up to Rs. 20,000, or both.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985.))
Medicinal cannabis i.e., medicinal hemp refers to any extract or tincture of cannabis. While growing cannabis still a crime as per the NDPS Act, some states allow the cultivation of cannabis for medicinal or research like Uttar Pradesh.
Yes, If you are running away with drugs using an animal or a conveyance, then they can shoot the animal or the conveyance. But if you are running away on foot, then the officer cannot directly shoot at you.(( Section 46, Code of Criminal Procedure, 1973.))
Yes, a seizure can happen in a public place. The authorised officer, in this case, can seize in any public place or in transit and drugs or substances which he suspects is punishable under the Act. They can also seize any animal, conveyance or article, which can be confiscated under this Act. It is also important to note that the officer can detain and search any person who has any drugs or substances in their possession which appears to him as unlawful.(( Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985.))
If someone is illegally growing opium poppy, cannabis or coca plant on your land, you must immediately inform the police. If you don’t you can be punished for negligence.(( Section 46, Narcotic Drugs and Psychotropic Substances Act, 1985.))
Yes, they can be liable for their acts of negligence.
Under civil law, a patient can file a case against a doctor before a consumer court for deficiency in services. The case can be filed before the District, State or National Consumer Commission to receive compensation for the loss or injury suffered. The patient can also file a case before a civil court for damages/compensation.
Under criminal law, a patient can file a criminal complaint citing gross negligence or hurt, for invoking punishment against a doctor in the form of imprisonment and fine. A doctor causing the death of a pregnant woman through an illegal abortion procedure can be punished with jail time up to 10 years, along with a fine.
A private hospital can only perform abortions if it has been granted approval for the same by the government, or by a district level body called the District Level Committee.
You do not need to get your husband’s or partner’s consent to get an abortion under the law if you are above the age of 18. Some hospitals and clinics may insist on obtaining your husband’s permission, but this is not required by the law. However, if you are a minor (below the age of 18) you will need the permission of a guardian which may be a parent, some other relative, etc.
For a registered medical practitioner to be authorised to conduct abortions, they must have the following training in the field of OB-GYN:
For Doctors enrolled on the State Medical Register immediately before 10 August 1971:
- They must have at least 3 years of OB GYN experience.
For Doctors enrolled on the State Medical Register after 10 August 1971:
They must possess either of the following qualifications:
- Must have completed six months of house surgery in OB-GYN; or
- Must have experience in any hospital for at least one year in the practice of OB-GYN; or
- Must have a postgraduate degree or diploma in OB-GYN; or
- Must have assisted a Registered Medical Practitioner in the performance of 25 cases of MTP of which at least 5 have been performed independently in a hospital established or maintained by the Government or training institute approved by the Government for this purpose.
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