This document summarizes various acts and laws related to substance use in India. It defines key terms like drugs, narcotics, and psychotropic substances. It describes agencies that enforce drug laws like the Narcotics Control Bureau and Central Bureau of Narcotics. Major acts discussed include the Narcotic Drugs and Psychotropic Substances Act of 1985, Prevention of Illicit Trafficking Act of 1988, Motor Vehicles Act of 1988, and the Drugs and Cosmetics Act of 1940. Offences and penalties related to drug crimes are outlined. Mental health acts and food safety regulations prohibiting intoxicants are also summarized.

1. Acts related to Substance use
By -
Dr. Sunil Suthar
Under guidance of-
Prof. Dr. Yogesh Satija

2. Contents
• Drug/Substance (definition)
• Drug abuse and Crime
• Drug abuse, Indian Laws and Legislation
• Narcotics Control Bureau
• Central Bureau of Narcotics
• Narcotic Drugs and Psychotropic Substances Act, 1985
• Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic
Substances Act, 1988
• Motor Vehicles Act, 1988
• The drugs and cosmetics act, 1940 and
The drugs and cosmetic srules, 1945
• Mental Health Act 1987, Mental Health Care Bill 2012
• Gambling Law in India
• Food Safety and Regulation (Prohibition) Act 2011
• Others

3. Drug/Substance
 In medicine, it refers to any substance with the potential to prevent or
cure disease or enhance physical or mental welfare.
 In pharmacology, it means any chemical agent that alters the biochemical
or physiological processes of tissues or organisms.
 In the context of international drug control, "drug" means any of the
substances listed in Schedule I and II of the 1961 Single Convention on
Narcotic Drugs, whether natural or synthetic.
 Technically speaking, they are chemical substances that affect the normal
functioning of the body and/or brain. Not all drugs are illegal. For example,
caffeine (found in coffee or Coca-Cola), nicotine (in cigarettes) and alcohol
are all technicaly legal drugs. Medicines, whether prescribed by a doctor
or available over the counter at pharmacies, are legal drugs to help us to
recover from illnesses, although they can also be abused.

4. Drug/Substance
 Illegal drugs are drugs that are so harmful that countries across the world
have decided to control them. Countries have passed several international
laws, in the form of United Nations conventions, that specify which drugs
are controlled.
 The United Nations drug control conventions do not recognize a
distinction between licit and illicit drug, they describe only use to be licit
or illicit.

5. Drug abuse and Crime
In studies from many countries association between crime and addiction
emerges as a repeated universal finding.
Many people associate drug intoxication with crime, sometimes even violent
crime. This so-called psychopharmacological link.
Offences related to substance abuse-
1) Violent offences- involving changes in mental state.
2) Acquistic offences- related to high economic cost of illicit drug use.
3) Other offences- against legislation to control, drug use or drunken
driving.

6. Drug abuse and Crime
 Types of crime and addiction-
 Cultivation , manufacture, supply, possession, stealing, homicide,
attempted suicide, sexual crimes, forgery, gambling, violence etc.
 In a study conducted by Gillies(1976) in 400 criminal persons found that
58% of males and 30% of females had been intoxicated at the time of their
crimes.

7. Drug abuse, Indian Laws and Legislation
 No single prevention program has succeeded in curbing drug abuse.
 Hence multidimensional approach is aimed at,
 Controlling the supply of drugs.
 Suppression of illicit trafficking.
 Prevention and reduction of demand.
 Treatment and rehabilitation.
 The awareness of the need to enforce legislative measures.

8.  The National Policy on Narcotic Drugs and Psychotropic Substances is
based on the Directive Principles, contained in Article 47 of the Indian
Constitution, which direct the State to endeavour to bring about
prohibition of the consumption, except for medicinal purposes, of
intoxicating drugs injurious to health.
 The responsibility of drug abuse control, which is a central function, is
carried out through a number of Ministries, Departments and
Organisations.

9.  The NDPS Act, 1985 which came into effect from the 14th November,
1985 made an express provision for constituting a Central Authority for
the purpose of exercising the powers and functions of the Central
Government under the Act.
 In presence of this provision, the Government of India constituted the
NARCOTICS CONTROL BUREAU on the 17th of March, 1986.

10. 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.
 The NCB was created in 1986 to enable the full implementation of
the NDPS Act, 1985 and fight its violation through the Prevention of Illicit
Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988.

13. Central Bureau of Narcotics
• Prior to 1950, the administration of the Narcotics Laws, namely, the
Opium Act of 1857 & 1878 and the Dangerous Drugs Act 1930 vested with
the Provincial Government. The amalgamation of these Agencies laid the
foundation of the Opium Department in November, 1950 which is
presently known as Central Bureau of Narcotics (CBN). The headquarters
of Central Bureau of Narcotics was shifted from Shimla to Gwalior
( Madhya Pradesh) in 1960.
• The Narcotics Commissioner (NC) is assisted by three Deputy Narcotics
Commissioners (DNCs) in charge of the Units in the opium growing states
i.e. Madhya Pradesh, Rajasthan and Uttar Pradesh. Their offices are
located at Neemuch, Kota and Lucknow respectively.

14. Central Bureau of Narcotics
• The responsibilities of CBN are:
1. Supervision over licit cultivation of opium poppy In India, in the States of
Madhya Pradesh, Rajasthan and Uttar Pradesh.
2. Preventive and enforcement functions.
3. Investigation of cases under the NDPS Act, 1985 and filing of complaint
in the Court.
4. Action for tracing and freezing of illegally acquired property as per NDPS
Act, 1985.

15. Central Bureau of Narcotics
5. To issue licences for manufacture of synthetic narcotic drugs
6. To issue Export / Import / Objection Certificate (NOC) for export/ import
of Narcotic Drugs and Psychotropic Substances.

16. Narcotic Drugs and Psychotropic
Substances Act, 1985
• CHAPTER 1 – PRELIMINARY
• CHAPTER II - AUTHORITIES AND OFFICERS
• CHAPTER IIA - NATIONAL FUND FOR CONTROL OF DRUG ABUSE
• CHAPTER III - PROHIBITION, CONTROL AND REGULATION
• CHAPTER IV - OFFENCES AND PENALTIES
• CHAPTER V – PROCEDURE
Note- The act was further amended by Narcotic Drugs and
Psychotropic Substances Act, 2001.

17. CHAPTER 1 – PRELIMINARY
1. Short title, extent and commencement
2. Definitions
– Narcotic- They include mainly plant-based products such as opium
and its derivatives morphine, codeine and heroin, but also synthetic
narcotics such as methadone and pethidine, as well as cannabis, coca
and cocaine.(more than 116 narcotic drugs.)
– Psychotropic Substances- as any sub-stance, natural or synthetic, or
any natural material or any salt or preparation of such substance or
material included in the list of psychotropic substances eg
amphetamine-type drugs, sedative-hypnotic agents and
hallucinogens .(110drugs)

18. CHAPTER II - AUTHORITIES AND OFFICERS
4. Central Government to take measures for preventing and combating
abuse of and illicit traffic in narcotic drugs,etc.-
5. Officers of Central Government-
6. The Narcotic Drugs and Psychotropic Substances Consultative Committee
7. Officers of State Government

19. CHAPTER IIA- NATIONAL FUND FOR CONTROL OF DRUG
ABUSE
7A. National Fund for Control of Drug Abuse
• The Fund shall be applied by the Central Government for
(a) Combating illicit traffic in narcotic drugs, psychotropic substances or
controlled substances;
(b) Controlling the abuse of narcotic drugs and psychotropic substances;
(c) identifying, treating, rehabilitating addicts;
(d) Preventing drug abuse;
(e) Educating public against drug abuse;
(f) supplying drugs to addicts where such supply is a medical necessity.

20. CHAPTER III
PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations.
- (c) production , manufacture, possession , sell, purchase, transport,
warehouse, use, consume, inter- State import / export , import into India,
export from India or tranship any narcotic drug or psychotropic substance,
except for medical or scientific purposes.
9. Power of Central Government to permit, control and regulate.

21. CHAPTER IV
OFFENCES AND PENALTIES
(a) where the contravention involves small quantity, with rigorous
imprisonment for a term which may extend to six months, or with fine which
may extend to ten thousand rupees or with both;
(b) where the contravention involves quantity lesser than commercial
quantity but greater than small quantity, with rigorous imprisonment for a
term which may extend to ten years and with fine which may extend to one
lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous
imprisonment for a term which shall not be less than ten years but which may
extend to twenty years and shall also be liable to fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees.
17. Punishment for contravention in relation to prepared opium Whoever, in
contravention of any provision of this Act or any rule or order made or
condition of licence granted thereunder, manufactures, possesses, sells,
purchases, transports, imports inter-State, exports inter-State or uses
prepared opium shall be punishable,

24. • Under section 64 A, any addict, who is charged with an offence punishable
under section 27 or with offences involving small quantity of narcotic
drugs or psychotropic substances, who voluntarily seeks to under go
medical treatment for de-addiction from a hospital or an institution
maintained or recognized by the Government or a local authority and
undergoes such treatment shall not be liable to prosecution under section
27 or any other section for offences involving small quantity of narcotic
drugs and psychotropic substances. This immunity may be withdrawn if
the addict does not undergo the complete treatment for de-addiction.

26. 37. Offences to be cognizable and non-bailable

27. CHAPTER V PROCEDURE
41. Power to issue warrant and authorisation
To
50A. Power to under take controlled delivery

29.  Alcohol and nicotine are not included in NDPS Act, 1985.
• The reasons for not including alcohol in the NDPS Act are many, the
important ones being
 prevailing social acceptance even for frequent self-induced
intoxication;
 the high revenues earned by the Government on the sale of alcoholic
beverages;
 prevalence of illicit and locally brewed undistilled forms of alcohol is
very high in society and
 there may be differences in the clinical course of alcohol dependence
contrary to other drugs like opium which have been included in NDPS.

30. Prevention of Illicit Trafficking in Narcotic
Drugs and Psychotropic Substances Act
• This 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
NDPS Act of 1985.

31. Motor Vehicles Act, 1988.
As per section 185 (Chapter XIII), Whoever, while driving, or attempting to
drive, a motor vehicle,—
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood
detected in a test by a breath analyser, or
(b) is under this influence of a drug to such an extent as to be incapable of
exercising proper control over the vehicle,
shall be punishable for the first offence with imprisonment for a
term which may extend to 6 months, or with fine which may extend to 2,000
Rs or with both; and for a second or subsequent offence, if committed within
three years of the commission of the previous similar offence, with
imprisonment for a term which may extend to 2 years, or with fine which
may extend to 3,000 Rs or with both.

32. • On 1 March 2012, the Union Cabinet approved proposed changes to the
Motor Vehicle Act. (But not passed in parliament till today). The
Government has decided to penalise the driver depending on the amount
of alcohol in the blood stream.
a) 30 to 60 mg per 100 ml of blood - same penalty as above.
b) 60 to 150 mg per 100 ml of blood - the penalty would be Rs 5,000 or 6
months imprisonment or both,
c) over 150 mg - the fine would be Rs 10,000 or 1 year imprisonment or
both.
• The laws relating to drunk driving vary between countries and
varying blood alcohol content (BAC) is allowed.

34. • One Standard Drink = ½ bottle of Standard Beer = ¼ bottle of Strong Beer
= 1 peg (30 ml.) Spirits = ½ packet of Arrack = 1 glass (125 ml.) of table
wine = 1 glass (60 ml.) fortified wine.
• One drink (one standard unit of alcohol is 10ml of absolute alcohol, i.e.
7.87g) is likely to raise the BAC to approximately 15 to 20 mg/dl.

35. THE DRUGS AND COSMETICS ACT, 1940
THE DRUGS AND COSMETICS RULES, 1945
• This act provide control of sale, supply and distribution of drugs.
• Schedule H: List of substances that could be sold by retail on the
prescription of a Registered Medical Practitioner only (Prescription
Drugs).
• Schedule X: Schedule X contains list of drugs whose import, distribution,
manufacture, sale, packing and labelling are to be carried out under
special provisions. Examples include Amphetamine, Cyclobarbital,
Methamphetamine, Pentobarbital, Secobarbital, Methylphenidate etc. List
of drugs for which the retailer is to preserve prescription for a period of
two years.
• Schedule G: List of drugs that could be dangerous to take except under
medical supervision.eg. Cyclophosphamide, Insuline etc.
• if drugs fall under NDPS Act (addiction forming substances) with a symbol
NRx on the left hand corner.

37. Mental Health Act 1987

38. Mental Health Care Bill 2013
• It defines mental illness as “a disorder of mood, thought, perception,
orientation and memory which causes significant distress to a person or
impairs a person’s behaviour, judgement and ability to recognise reality or
impairs the person's ability to meet the demands of daily life and includes
mental conditions associated with the abuse of alcohol and drugs, but
does not include mental retardation”

39. Food Safety and Regulation (Prohibition)
Act 2011
 Karnataka became the 26th state to ban sale, manufacture, storage and
distribution of gutka. It is also in place in five union territories.
 Gutka is banned under the provision to ban any food product containing
harmful adulterants in the centrally enacted Food Safety and Regulation
(Prohibition) Act 2011.
 Offenders can be fined INR200 (US$3.40) according to the Control of
Tobacco Products Act (COTPA).
 The Food Safety and Standards Authority of India (FSSAI), under which the
ban has been regulated, said offenders can face six months to three years
in jail. The law has provisions of imposing fines up to 25000 Rs on selling
of products that are injurious to health.

40. Cigarette and other Tobacco Products Act,
2003
• Smoking is prohibited in public places.
• Punishment for smoking in public place is fine up to two hundred rupees.

41. Alcohol laws of India
 Alcohol is a subject in the State List under the Seventh Schedule of
the Constitution of India.
 Therefore, the legal drinking age in India and the laws which regulate the
sale and consumption of alcohol vary significantly from state to state.
 In India, consumption of alcohol is prohibited in the states
of Gujarat, Manipur, Mizoram and Nagaland,[ as well as the union
territory of Lakshadweep. All other Indian states permit alcohol
consumption but fix a legal drinking age of between 18–25 years.
 In some states, the legal drinking age can be different for different types of
alcoholic beverages.

42. Indian Penal Code, section 85, 86
( Criminal offence And Drug Abuse)
• As per Sec.85 of IPC, “Nothing is an offence which is done by a person
who, at the time of doing it, is, by reason of intoxication, incapable of
knowing the nature of the act, or that he is doing what is either wrong, or
contrary to law; provided that the thing which intoxicated him was
administered to him without his knowledge or against his will.”
• Under Section 86 of Indian Penal Code, In cases where act done is not an
offence unless done with a particular knowledge or intent, a per-son who
does the act in a state of intoxication shall be liable to be dealt with as if
he had the same knowledge as he would have had if he had not been
intoxicated, unless the thing which intoxicated him was administered to
him without his knowledge or against his will.
• However, if the intoxication is induced voluntarily, the act done is an
offence even if the person is incapable of knowing the nature of the act or
that what he is doing is either wrong or contrary to law.

43. Gambling Laws in India
• The following are the various laws which regulate/restrict gambling in
India:
• The Public Gambling Act, 1867: This Central legislation provides for the
punishment of public gambling. The penalty for breaking this law is a fine
of 200 Rs or imprisonment of up to 3 months.
• The Lotteries (Regulation) Act, 1998: This Central Legislation lays down
guidelines and restrictions in conducting lotteries.
• Section 294-A of the Indian Penal Code, 1860: This Section lays down
punishment for keeping a lottery office without the authorisation of the
State government.
• Section 30 of the Indian Contract Act, 1872.
• Other than lotteries, legal gambling in India is limited to betting on horse
racing.
• Sikkim and Goa are the only two states in India which currently permit
gambling (other than horse-racing, dog-racing and lotteries.)
• The Information Technology Act 2000 regulates cyber activities in India.

44. Doping at the Olympic Games
 The list of drugs banned from the Olympics is determined by the World
Anti-Doping Agency , established in 1999 to deal with the increasing
problem of doping in the sports world. The banned substances and
techniques fall into the following categories: androgens, blood
doping, peptide hormones, stimulants, diuretics, narcotics,
and cannabinoids. The use of alcohol (ethanol) is banned in selected
sports only during actual competition.
 both WADA(World Anti-Doping Agency and NADA(National Anti-Doping
Agency) deals with adopting and implementing anti-doping rules and
policies.

45. • Date rape- Commonly, date rape is referring to drug
facilitated sexual assault or an acquaintance rape. Alcohol
remains the most commonly used date rape drug. GHB
(gamma hydroxybutyric acid), Rohypnol (flunitrazepam)
Ketamine (ketamine hydrochloride) etc are popular
worldwide as date rape drugs.

46. Refrences
 Official sites of Narcotic control bureau, Central Bureau of narcotics, Motor vehicle
act india, The drugs and cosmetics act, 1940 and The drugs and cosmeticsrules,
1945.
 Forensic psychiatry (psychiatry and law) Indian perspective, by S Nambi, First
addition2013.
 The Essential Forensic Medicine and Toxicology, By K.S. Narayan Reddy2006
 Substance use Disorder, Manual for Physicians, By Dr. Rakesh Lal
 Gunn J, Taylor PJ, eds. Forensic Psychiatry- Clini-cal, Legal and Ethical issues.
Butterworth-Heinemann, Oxford 1999, 435-480.
 E. Single, “The Economic Costs of Illicit Drugs and Drug
Enforcement,” Policy Options, Vol. 19, October 1998.
 GILLIES, H. 1976. Homicide in the West of Scotland. Br J Psychiatry, 128, 105-27.
 SAHOO, S., MANJUNATHA, N., PRASAD SINHA, B. N. & KHESS, C. R. 2007. Why is
alcohol excluded and opium included in NDPS act, 1985? Indian J Psychiatry, 49,
126-8.
 MADEA, B., GRELLNER, W., MUSSHOFF, F. & DETTMEYER, R. 1998. Medico-legal
aspects of doping. J Clin Forensic Med, 5, 1-7.
 COWAN, D. A. & KICMAN, A. T. 1997. Doping in sport: misuse, analytical tests, and
legal aspects. Clin Chem, 43, 1110-3.
 MARX, B. P., VAN WIE, V. & GROSS, A. M. 1996. Date rape risk factors: A review and
methodological critique of the literature. Aggression and Violent Behavior, 1, 27-45.
 Viile s.o. 1055 (E) dated 19th October, 2001 published in the Gazette of India, Extra.,
pr. It sec. 3(ii) dared 19th october 2007

49. • 39. Power of court to release certain offenders on probation.-(1) When
any addict is found guilty of an offence punishable under section 27 or for
offences relating to small quantity of any narcotic drug or psychotropic
substance] and if the court by which he is found guilty is of the opinion,
regard being had to the age, character, antecedents or physical or mental
condition of the offender, that it is expedient so to do, then, not
withstanding anything contained in this Act or any other law for the time
being in force, the court may, instead of sentencing him at once to any
imprisonment, with his consent, direct that he be released for undergoing
medical treatment for de-toxification or de-addiction from a hospital or an
institution maintained or recognised by Government and on his entering
into a bond in the form prescribed by the Central Government, with or
without sureties, to appear and furnish before the court within a period
not exceeding one year, a report regarding the result of his medical
treatment and, in the meantime, to abstain from the commission of any
offence under Chapter IV.

50. (2) If it appears to the court, having regard to the report regarding the result
of the medical treatment furnished under sub-section (1), that it is expedient
so to do, the court may direct the release of the offender after due
admonition on his entering into a bond in the form prescribed by the Central
Government, with or without sureties, for abstaining from the commission of
any offence under Chapter IV during such period not exceeding three years as
the court may deem fit to specify or on his failure so to abstain, to appear
before the court and receive sentence when called upon during such period.