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.]
1. Subs. by s. 12, ibid., for section 31 (w.e.f. 2-10-2001).
2. Subs. by Act 16 of 2014, s. 14, for “one-half of the maximum term” (w.e.f. 1-5-2014).
3. Subs. by s. 14, ibid., for “one-half of the maximum amount” (w.e.f. 1-5-2014).
4. Subs. by s. 14, ibid., for “one-half of the minimum term” (w.e.f. 1-5-2014).
5. Subs. by s. 14, ibid., for “one-half of the minimum amount” (w.e.f. 1-5-2014).
Simplified Explanation
Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with enhanced punishment for individuals who have previously been convicted of offenses under the Act and are later convicted again for similar offenses.
Key Provisions:
Subsection (1) – Enhanced Punishment for Subsequent Offenses:
- If a person who has already been convicted of any offense under this Act (or its attempt, abetment, or conspiracy) is convicted again for a similar offense, the punishment for the second and subsequent offenses will be enhanced.
- The enhanced punishment is:
- Rigorous imprisonment: The term of imprisonment for the second or subsequent conviction may extend to one and a half times the maximum term that could have been imposed for the first offense.
- Fine: The fine can also be one and a half times the maximum amount that could have been imposed for the first offense.
Subsection (2) – Enhanced Minimum Punishment:
- If the initial offense had a minimum term of imprisonment or a minimum amount of fine, the minimum punishment for the subsequent offense will also be enhanced.
- The minimum punishment will be one and a half times the minimum term of imprisonment and one and a half times the minimum amount of fine for the second and subsequent offenses.
- Exception: The court can impose a higher fine than the standard fine imposed for the offense, but it must provide reasons for doing so in the judgment.
Subsection (3) – Foreign Convictions:
- If a person is convicted of an offense related to narcotics or psychotropic substances by a court outside India, that conviction will be treated as if it was made by a court in India for the purposes of applying Section 31.
- This means that if someone has been convicted abroad for a similar offense, their prior foreign conviction will be considered when determining the punishment for any subsequent offense committed in India under the Narcotic Drugs and Psychotropic Substances Act.
Purpose and Impact:
This section aims to act as a deterrent for repeat offenders in narcotic-related crimes. The law ensures that individuals who are repeatedly involved in such activities face significantly harsher punishments, both in terms of imprisonment and fines, in order to discourage recidivism. It also extends the scope of prior convictions, including foreign convictions, to ensure that individuals convicted elsewhere are not exempt from enhanced punishment if they commit similar offenses in India.
Key Changes (from amendments in 2014):
- The provisions for enhanced punishment were adjusted to “one and a half times” the previous punishments, both for imprisonment and fines, instead of the earlier “one-half”.
