Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence.
Simplified Explanation
Section 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) deals with the punishment for attempts to commit any offence that is punishable under the provisions of the Act.
Key Provisions of Section 28
- This section applies to individuals who attempt to commit an offence specified under the NDPS Act.
- An attempt to commit an offence includes any act done towards the commission of that offence, even if the actual offence is not completed.
Punishment for Attempting an Offence
- If a person attempts to commit any offence punishable under the NDPS Act or takes any step towards committing the offence, they shall be punished with the same penalty that is prescribed for the complete offence.
Purpose of Section 28
This provision serves as a deterrent against attempts to engage in activities related to narcotic drugs and psychotropic substances, even if the full offence does not take place. It ensures that individuals who take substantial steps towards committing a crime related to narcotics or psychotropic substances are held accountable and punished appropriately.
Examples of an Attempt
- Manufacturing narcotic drugs: Even if a person has not completed the manufacturing process but has started taking steps toward production, they could be punished for the attempt to manufacture the drug.
- Transporting narcotic substances: If a person attempts to transport narcotics but is caught before the act is completed, they can still face punishment equivalent to what would have been imposed had the transportation been successful.
Impact of Section 28
- Prevention of Narcotics Crimes: This section reinforces the preventive aspect of the law by holding individuals criminally liable for taking steps towards committing crimes, even if they fail to complete the act.
- Increased Accountability: By extending the punishment to attempts, the law makes it clear that preparatory actions are just as serious as the crime itself, increasing the legal deterrence for anyone considering engaging in illicit drug-related activities.
Conclusion
Section 28 of the NDPS Act ensures that attempts to commit narcotic-related offences are treated with the same severity as the completion of the crime itself. By penalizing actions taken toward committing such offences, it helps to prevent narcotics-related crimes at the early stages and adds an extra layer of deterrence against drug trafficking, production, and abuse.
Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the punishment for abetment and criminal conspiracy in relation to offences under the Act.
