(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which–
(a) would constitute an offence if committed within India; or
(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.
Simplified Explanation
Key Provisions of Section 29
Subsection (1): Abetment and Criminal Conspiracy
- Abetment: If a person abets (encourages, assists, or incites) or participates in a criminal conspiracy to commit an offence punishable under the NDPS Act, they will be punished with the same penalty as that of the principal offence.
- This applies even if the offence is not actually committed as a result of the abetment or conspiracy. The punishment is based on the intention and involvement in planning or assisting the crime, regardless of whether the crime is completed.
- Criminal Conspiracy: A criminal conspiracy involves an agreement between two or more people to commit an offence. Even if the crime is not executed, those involved in the conspiracy can still be prosecuted and punished as if they committed the crime.
Subsection (2): Abetment or Conspiracy Outside India
- This subsection extends the scope of Section 29 to acts outside India. If a person in India abets or conspires to commit an offence outside India, they can still be held liable under this section, provided the following conditions are met:
- The act would have been an offence if it had been committed within India.
- The act is an offence relating to narcotic drugs or psychotropic substances in the foreign country, and the legal conditions required to constitute it as an offence are analogous to those required under the NDPS Act in India.
Purpose of Section 29
The purpose of Section 29 is to ensure that individuals who play a role in facilitating, planning, or assisting the commission of offences under the NDPS Act are held accountable, even if they are not directly involved in the execution of the crime. This includes:
- Abetment: Encouraging, helping, or inciting someone to commit an offence.
- Criminal Conspiracy: Collaborating with others to plan or agree to commit a crime.
It also ensures that the law covers international conspiracies related to narcotics offences, providing a framework for prosecuting individuals who conspire or abet drug-related crimes across borders.
Examples of Offences Under Section 29
- A person in India who encourages or assists someone in another country to manufacture or smuggle narcotics could be held liable under this section.
- A person involved in conspiring with others to traffic narcotics across countries, even if they do not physically participate in the act, can face the same penalties as someone who commits the actual offence.
Impact of Section 29
- Deterrence: The provision serves as a deterrent against those who might want to assist or plan drug-related offences, as they face the same punishment as the person committing the crime.
- International Scope: Section 29 extends the reach of the NDPS Act to international criminal conspiracies, which is particularly important in the context of global drug trafficking and cross-border criminal activities.
Conclusion
Section 29 ensures that individuals involved in abetting or conspiring to commit offences under the NDPS Act face severe consequences, even if they are not directly involved in the actual commission of the offence. It extends the provisions to include international conspiracies, making the law comprehensive in addressing drug-related criminal activities at a global scale.
