Section 31 of The Narcotic Drugs and Psychotropic Substances Act, 1985
1[31. Enhanced punishment for offences after previous conviction. -- (1) If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to 2[one and one-half times of the maximum term of imprisonment, and also be liable to fine which shall extend to 3[one and one-half times of the maximum amount] of fine.
- (2)Where the person referred to in sub-section (1) is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be 4[one and one-half times of the minimum term of imprisonment and 5[one and one-half times of the minimum amount] of fine: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable.
- (3)Where any person is convicted by a competent court of criminal jurisdiction outside India under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a court in India.]
Summary
- Repeat offenders who are convicted for a second or subsequent drug offence face severely enhanced punishments under the Narcotic Drugs and Psychotropic Substances Act, 1985.
- This section applies if a person has a previous conviction for committing, attempting, abetting, or conspiring to commit any offence under this Act, and is convicted again of an offence with the same level of punishment.
- For repeat offences, the maximum prison sentence can be increased up to one and one-half times the standard maximum term of rigorous imprisonment.
- The maximum fine can also be increased up to one and one-half times the standard maximum fine amount.
- If the offence carries a mandatory minimum penalty, the new minimum penalty is raised to exactly one and one-half times the standard minimum term and minimum fine.
- Prior convictions by courts outside India under any matching foreign drug laws are treated exactly like domestic Indian convictions.
Practical examples
FAQ
1. What is the penalty for a repeat drug offence under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a repeat offender can face up to one and one-half times the standard maximum prison term and up to one and one-half times the maximum fine.
2. How are mandatory minimum sentences increased for second-time offenders under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the mandatory minimum prison term and the minimum fine are both multiplied by one and one-half times.
3. Do foreign convictions count as previous convictions under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Yes, under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a conviction by a competent criminal court outside India under any corresponding law is treated as if it were a conviction by an Indian court.
4. Can a court impose a fine even higher than one and one-half times the limit under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Yes, under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the court may impose a fine exceeding the standard liability if it records the reasons for doing so in its judgment.
Test yourself
Q1.Under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, if a second-time offender commits a drug offence with a standard maximum prison sentence of ten years, what is the maximum prison sentence they can receive?
Q2.Under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, how are previous convictions handled if they occurred in a foreign country?
Q3.Under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, if an offence carries a mandatory minimum fine of two lakh rupees, what is the enhanced minimum fine for a repeat offender?
Q4.Under Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which of the following prior actions counts toward establishing repeat offender status?