1[64A. Immunity from prosecution to addicts volunteering for treatment.– Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances:
Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.]
1. Subs. by s. 30, ibid., for section 64A (w.e.f. 2-10-2001).
Simplified Explanation
Section 64A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides immunity from prosecution to drug addicts who voluntarily seek treatment for their addiction. This provision is designed to encourage individuals who are addicted to narcotic drugs or psychotropic substances to come forward and seek medical help without the fear of facing legal consequences. Here’s a detailed breakdown:
Key Points of Section 64A:
Immunity from Prosecution:
- Eligibility for Immunity:
- The section applies to an addict (someone addicted to narcotic drugs or psychotropic substances) who is charged with an offense under Section 27 of the NDPS Act (which deals with the possession, consumption, or use of drugs) or offenses involving small quantities of narcotic drugs or psychotropic substances.
- The key condition for immunity is that the addict voluntarily seeks medical treatment for de-addiction from a government-recognized hospital or institution. This could be a public or private institution that is either maintained or recognized by the government or a local authority.
- Scope of Immunity:
- The immunity provided covers prosecution for offenses under Section 27 (which typically involves the consumption of narcotic drugs or psychotropic substances) and for offenses involving small quantities of drugs or substances.
- This means that if an addict seeks treatment for their addiction and undergoes the necessary treatment, they will not be prosecuted for crimes related to the possession or consumption of small quantities of drugs.
Conditions for Immunity:
- Withdrawal of Immunity:
- The immunity is conditional. It may be withdrawn if the addict fails to complete the treatment for de-addiction.
- If the individual does not undergo the full course of treatment or drops out, the immunity from prosecution can be revoked, and they may face legal consequences for their offenses.
Practical Example:
- A person addicted to heroin is caught with a small amount of the drug and is charged under Section 27 of the NDPS Act (for possession or consumption of a narcotic drug).
- The person decides to voluntarily seek treatment and enters a government-approved de-addiction center for rehabilitation.
- Under Section 64A, if they complete the treatment, they won’t be prosecuted for the offense related to possessing or using the small quantity of heroin.
- However, if the person abandons treatment halfway or does not adhere to the prescribed rehabilitation process, the immunity will be withdrawn, and they could be prosecuted for their original offense.
Summary:
Section 64A offers immunity from prosecution to drug addicts charged with offenses under Section 27 or for possessing small quantities of narcotics, provided they voluntarily seek and complete treatment for addiction at a recognized facility. This provision encourages addicts to seek help without fear of legal action, aiming to reduce drug dependency and promote rehabilitation. However, this immunity can be revoked if the addict does not undergo the entire de-addiction treatment.
