Section 31A: Death penalty for certain offences after previous conviction

1[31A. Death penalty for certain offences after previous conviction.– (1) Notwithstanding anything contained in section 31, 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 2[section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug drug or psychotropic substance], is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to,–

(a) engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:

TABLE Particulars of narcotic drugs/psychotropic substances Quantity

(1) (2) (i) Opium . . . . . . . . . . 10 kgs.

(ii) Morphine . . . . . . . . . . 1 kg.

(iii) Heroin . . . . . . . . . . 1 kg.

(iv) Codeine . . . . . . . . . . 1 kg.

(v) Thebaine . . . . . . . . . . 1 kg.

(vi) Cocaine . . . . . . . . . . 500 grams.

(vii) Hashish . . . . . . . . . . 20 kgs.

(viii) Any mixture with or without any neutral material of any of the above drugs 3[lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture]

(ix) LSD, LSD-25 (+) – N, N-Diethyllyser gamide (d-lysergic acid diethylamide) 500 grams (x) THC (Tetrahydrocannabinols, the following Isomers: 6a (10a),

6a (7),7,8,9,10,9 (11) and their stereochemical variants)……………… 500 grams

(xi) Methamphetamine(+ )-2-Methylamine-l-Phenylpropane……………….. 1,500 gram

(xii) Methaqualone (2-Methyl-3-0-tolyl-4-(3h–)quinazolinone)…………………. 1,500 gram

(xiii) Amphetamine (+)-2-amino-1-phenylpropane……………….. 1,500 gram

(xiv) Salts and preparations of the psychotropic substances mentioned in (ix) to (xiii) ………………………1,500 gram;

(b) financing, directly or indirectly, any of the activities specified in clause (a), 4[shall be punished with punishment which shall not be less than the punishment specified in section 31 or or with death.]

(2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of 5[section 19, section 24 or section 27A and for offences involving commercial quality of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in India.]

Simplified Explanation

Section 31A of the Narcotic Drugs and Psychotropic Substances Act, 1985 introduces the possibility of the death penalty for certain repeat offenders involved in narcotic drug-related crimes, specifically when the offense involves commercial quantities of drugs or psychotropic substances.

Key Provisions:

Subsection (1) – Death Penalty for Repeat Offenders:

• Application: This provision applies to individuals who have previously been convicted of offenses under sections 19, 24, or 27A of the Act (which involve dealing with commercial quantities of narcotic drugs or psychotropic substances) or similar offenses involving commercial quantities.
• Subsequent Conviction: If a person who has been previously convicted of such offenses is subsequently convicted again of the same or similar offenses, and the new offense involves:
  • The production, manufacture, possession, transportation, import, export, or transshipment of narcotic drugs or psychotropic substances listed in the Table below (with a specified quantity threshold), or
  • Financing such activities directly or indirectly,
• Then the offender will face punishment under Section 31 (enhanced punishment) or death penalty, depending on the circumstances.

List of Drugs and Quantities in the Table:

The following substances and their respective quantities are outlined in the table, which triggers the application of the enhanced punishment or death penalty for repeat offenders:

Subsection (2) – Foreign Convictions:

• If an individual is convicted for a similar offense under a corresponding law in a foreign country (such as trafficking or dealing with commercial quantities of narcotic drugs or psychotropic substances), that foreign conviction will be treated as if it were a conviction in India.
• This means that an individual convicted abroad for such offenses will face the same enhanced punishment provisions, including the potential for the death penalty, under Section 31A as they would if convicted within India.

Purpose and Impact:

• Deterrence for Repeat Offenders: The purpose of this section is to impose severe penalties, including the death penalty, on individuals who repeatedly commit serious narcotic crimes, especially those involving large quantities of drugs or substances with high trafficking potential.
• Specific Drugs: The list of drugs and substances mentioned is aimed at those with high abuse potential and serious public health and safety risks (e.g., heroin, cocaine, LSD, methamphetamine).
• International Scope: The inclusion of foreign convictions in the law ensures that individuals involved in narcotics trafficking cannot evade harsh penalties by committing similar crimes outside of India.

Key Changes:

The law was amended to include the death penalty as a punishment for repeat offenders convicted of dealing with commercial quantities of narcotics, making it one of the more severe legal consequences under Indian drug laws.