The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is an Act of the Parliament of India that consolidates and amends the law relating to narcotic drugs and psychotropic substances. It was enacted on 14 November 1985, after receiving the President's assent on 16 September 1985. The Act was created to make stringent provisions for the control and regulation of operations involving these substances, replacing fragmented laws like the Opium Act, 1878, and the Dangerous Drugs Act, 1930. Its enactment was also driven by the need to fulfill India's treaty obligations under UN drug conventions, such as the Single Convention on Narcotic Drugs.
The Act prohibits the production, cultivation, possession, sale, purchase, transport, storage, and consumption of any narcotic drug or psychotropic substance, except for medical or scientific purposes. A key mechanism is the graded punishment based on the quantity of the substance seized: small, intermediate, or commercial. Contravention involving a commercial quantity attracts stringent penalties, including a minimum imprisonment term of 10 years. Section 27 specifically makes possession of a small quantity for personal consumption a punishable offense, which can lead to a fine of ₹10,000 and imprisonment up to six months.
The Act led to the establishment of the Narcotics Control Bureau (NCB) on 17 March 1986, constituted under Section 4(3), to act as the nodal agency for coordinating enforcement. It is also connected to the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act). The Act has been amended four times, including in 2014 to relax restrictions on Essential Narcotic Drugs like Morphine for palliative care. Most recently, the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2021, was passed to correct a drafting error from the 2014 amendment, which had incorrectly referenced an old clause number for the definition of illicit activities.