Narcotic Drugs
The Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, serve comprehensive laws to tackle drug misuse, trafficking, and abuse. These laws prohibit activities like production, possession, and sale of narcotic drugs and psychotropic substances while permitting regulated cannabis and opium cultivation for pharmaceuticals (e.g., morphine), positioning a regulated producer of legal opium.
The BNSS, 2023, enhances enforcement in narcotics cases with modernized procedural frameworks. These include mandatory videography of searches, stringent evidence handling protocols, and expedited trials aimed at improving transparency and effectively combating organized drug crime.
The BNS and BNSS enforce strict penalties and procedures to deter drug-related offenses. They have faced criticism for disproportionately punishing smaller offenders, alongside challenges like corruption, judicial delays, and limited rehabilitation initiatives for those convicted. The ongoing debate seeks to balance strict enforcement with fairness to create a more equitable drug control strategy.
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Description
Key Processes and Provisions
- NCORD Mechanism:
A 4-tier structure for coordination among central and state agencies to combat drug trafficking and abuse.
- Anti-Narcotics Task Force (ANTF):
Established in each state to monitor and prevent drug-related activities.
- Empowered Agencies:
Border Security Forces, Railway Protection Force, and Coast Guard are authorized under the BNSS to conduct searches and seizures.
Recent Amendments in BNS and BNSS
The Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces procedural updates to streamline the trial process for narcotics-related cases. Key amendments include:
- Enhanced provisions for the seizure and disposal of narcotic substances.
- Stricter penalties for repeat offenders and those involved in large-scale trafficking.
- Introduction of in-camera proceedings to protect witnesses in narcotics cases.
- Simplified processes for filing charges and conducting trials to ensure speedy justice.
Key Sections for Narcotics Cases
- Section 8:
Prohibits the production, manufacture, possession, sale, purchase, transport, and use of narcotic drugs and psychotropic substances, except for medical or scientific purposes.
- Section 20:
Punishment for contravention related to cannabis cultivation and possession.
- Section 21:
Punishment for contravention related to manufactured drugs and preparations.
- Section 27:
Punishment for consumption of narcotic drugs or psychotropic substances.
- Section 37:
Offenses to be cognizable and non-bailable, with stringent conditions for granting bail.
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