Cannabis Freedom Index

Changelog 51e09b3tree

Document India’s 2001 quantity sentences and their appeal limits

2 history entries added4 history entries edited1 article written1 article edited2 files of code, design or docs +378 −67 lines

History changes.yaml

Added 2

Edited 4

India ends mandatory execution for specified repeat drug offences

date

2014-0305-0701

category

easingdeath

title

India amends its narcotics lawends mandatory execution for specified repeat drug offences

description

The amendment removedFrom 1 May 2014, the law allowed a prison sentence instead of mandatory death sentence for specified repeat large-quantity traffickingdrug offences, allowing thirty years in prison instead, and eased access to morphine and other opioids for pain reliefincluding qualifying hashish cases. ItThe same amendment raised the maximum for small-quantity offencescannabis maximum from six months to one year, while leaving the fine alternative in place.[@1] It also gave the central government rule-making powers over essential narcotic drugs.[@1]

unscored

Ended the mandatory death sentence forThe repeat large-scale trafficking but raiseddeath penalty became discretionary, while the small-quantity maximum torose with a year; nofine alternative retained. These changes leave the existing personal-user segment movesbands unchanged.

sources

Department of Revenue — NDPS Act, compilation incorporating the 2014 amendment Wikipedia — Narcotic Drugs and Psychotropic Substances Act, 1985

India bans ganja and charas nationwide

description

Until 1985 cannabis was regulated by state excise laws and sold in licensed shops in much of the country. The Narcotic Drugs and Psychotropic Substances Act made flowerreplaced the earlier national drug laws and resin illegal everywhere, with prison even for small amountsprohibited ganja and charas outside authorised purposes. Leaves were left out, which is why bhang is[@1] Its cannabis definition excludes seeds and leaves when unaccompanied by flowering or fruiting tops; state laws still legalgovern whether leaf-only bhang may be possessed or sold.[@2]

sources

Government of India, Appellate Tribunal for Forfeited Property — NDPS Act, annotated compilation Narcotic Drugs and Psychotropic Substances Act, 1985, section 2 (text as reproduced by AdvocateKhoj) 1 unchanged

India's president assents to quantity-based drug sentences

description

Act 9 of 2001 received assentThe President assented to quantity-based drug sentences on 9 May 2001. Section 1The law left the new sentencing bandscommencement to a later notification in the Official Gazette. Notification S.O. 957(E) of 27 September, which appointed 2 October 2001.[@1,2]

sources

Government of India, Appellate Tribunal for Forfeited Property — NDPS Act, annotated compilation MyNation — NDPS Act, section 1, with the 2001 commencement footnote 1 unchanged

India grades drug sentences by quantity

description

Notification S.O. 957(E) of 27 September brought the Narcotic Drugs and Psychotropic Substances (Amendment) Act, Act 9 of 2001, into force onFrom 2 October. The President had assented on 9 May, and section 1 had left the date to the Official Gazette. The Act introduced small quantity and commercial quantity. A further notification on 19 October 2001 fixed the figures for each substance. The punishment sections, including the one forunlawful cannabis, then use possession and supply were punished in three quantity bands: below theup to six months or a fine or both for small quantityquantities, between the twoup to ten years plus a fine for intermediate quantities, and above theten to twenty years plus a fine for commercial quantityquantities.[@1,2] The reform narrowed the strict bail rule applies onlytest to commercial quantities and separately named serious offences; it also widened treatment-linked immunity.[@1] A notification on 19 October supplied the lastcannabis weight cutoffs.[@3]

related

india-ndps-amendment-assent-2001, india-cannabis-quantity-cutoffs-2001, india-basheer-pending-appeals-2004

sources

Narcotics Control Bureau — Annual Report 2001 Narcotics Control Bureau — Drug Law Enforcement handbook MyNation — NDPS Act, section 1, with the 2001 commencement footnote Wikipedia — Narcotic Drugs and Psychotropic Substances Act, 1985 Bhatt & Joshi Associates — Small vs Commercial Quantity under the NDPS Act (8 September 2026) 1 unchanged

Articles and atlas entries 2

india-ndps-act-1985 articles/india-ndps-act-1985.md

text

Until November 1985 ganja was sold in licensed shops in much of India. India had defended that system at the United Nations for a quarter of a century, and gave it up in a single act of parliament.[@1] ## A licensed drug British India licensed cannabis through provincial excise. The [1896 e … t their own systems. Independent India left growing, selling and possession to the states.[@2] At the [1961 conference](/history/un-single-convention-1961/) India fought the proposed wo … he transitional period that let traditional use of ganja and charas continue for 25 years.[@3] ## The deadline That period was due to end in [1989](/history/single-convention-phase-out … bha on 23 August 1985, received assent on 16 September and came into force on 14 November.[@1] ## What the Act bans The Narcotic Drugs and Psychotropic Substances Act prohibits produci … flowering tops. Leaves and seeds are outside the definition unless they come with the tops, so. That federal exclusion does not decide whether a state allows leaf-only bhang stayed legal and the states regulate it. Some, such as Assam State laws govern its possession and Maharashtra, ban it; most sell it through authorised dealerssale. Penalties follow quantity. | | Ganja | Charas | Penalty | |[@6,2] The familiar three-band sentencing structure came with the [2001 reform](/history/india-ndps-|amendment-2001/). Its small-quantity maximum was six months, a fine, or both; the [2014 amendment](/history/india-|ndps-amendment--|---| | Small quantity | Up2014/) later raised that maximum to 1 kg | Up to 100 g | Up to 1one year | | In between | | | Up to 10 years | | Commercial quantity | 20 kg or more | 1 kg or more | 10 to 20 years | Consumption is an .[@4,5] Cannabis consumption remained a separate offence in itself, withcarrying up to six months in prison, a fine, or both under the 2001 wording.[@4] ## The criticism Members of parliament objected at the time that the Act treated soft and … ty intent. The Times of India wrote that it created a drug problem where none had existed.[@1] Use did not end. A government survey in 2019 counted about 31 million current users, 2.83 per cent of Indians aged 10 to 75. Changes have been small: the mandatory[@2] Mandatory death sentence for specified repeat traffickers was removed drug offences became discretionary in [2014](/history/india-ndps-amendment-2014/),[@5] and in [2021](/history/india-decriminalisation-consensus-2021/) ministries discussed ending prison for personal use, without resultchanging the law.[@1] In the index the 1985 ban takes possession from 5 to 0, enforcement from 5 to 2 and access … t-2001/) then raise possession from 0 to 1, which is where [India](/country/in/) remains.

sources

Parliament of India — NDPS (Amendment) Act 2001, Act 9 of 2001 (Indian Kanoon transcription) Department of Revenue — NDPS Act, compilation incorporating the 2014 amendment Government of India, Appellate Tribunal for Forfeited Property — NDPS Act, annotated compilation 3 unchanged

Code, design and documents 2 files

docs/research/history-india-2001-sentencing-2026-10-27.md +41 −0
@@ -0,0 +1,41 @@
+# India: quantity sentences, the appeal boundary and later penalty changes
+
+Reviewed 27 October 2026. Read the maintenance rules for sources, commencement, score chains, article format and citations, the writing guide, the India 1939/Punjab gap note, and the earlier effective-date review. The preceding goal turn made progress by committing the 1974 Soviet/Russian article and implementation event. This pass fills the missing article for India's scored 2001 reform and adds the quantity-table and appeal follow-up events.
+
+## Sources actually read
+
+- **NDPS (Amendment) Act 2001, Act 9**, Indian Kanoon primary-text transcription: https://indiankanoon.org/doc/1997854/ . Read sections 1, 3, 7, 10, 17, 30 and 41. Section 7 rewrites cannabis penalties: small quantity up to six months OR 10,000 rupees OR both; intermediate up to ten years AND up to 100,000 rupees; commercial ten–twenty years AND 100,000–200,000 rupees, with a reasoned higher-fine power. Cultivation remains separately punishable up to ten years and 100,000 rupees. Section 17 retains named serious offences alongside commercial quantities in the strict bail provision. Section 30 replaces treatment-linked immunity; completion of recognised treatment is required. Section 41 extends beneficial penalties to pending investigations/trials but excludes pending appeals. The site's automatically generated January publication/commencement fields are inconsistent with the Act's May heading and are not adopted.
+- **NCB Annual Report 2001:** https://narcoticsindia.nic.in/Publication/ncb-annual-report-2001.pdf . Downloaded the complete 94-page scan. Inspected printed pp. 12–13 (PDF pp. 13–14) directly as images: commencement 2 October 2001, graded sentences, asset freezing, controlled delivery and enlarged search scope. The contemporaneous report verifies the effective day independently of the earlier MyNation footnote. Do not infer the package was uniformly lenient: the article focuses on sentencing, bail and treatment while the report also describes stronger investigative powers.
+- **Government ATFP annotated NDPS compilation:** https://atfp.gov.in/assets/pdf/Act/Narcotic-Drugs-and-Psychotropic-Substances-Act1985.pdf . Downloaded/extracted; read section 1 footnote (S.O. 957(E), 27 September 2001, commencing on 2 October), definitions and section 20. This compilation retains the six-month wording; it is not used as a statement of the current small-quantity maximum.
+- **NCB Drug Law Enforcement handbook:** https://narcoticsindia.nic.in/DLEA/1.pdf . Downloaded/extracted; read annexure IX, printed/PDF pp. 138–140. Visually checked entry 23 (resin: 100 g/1 kg) and 55 (ganja: 1 kg/20 kg), alongside the table heading identifying S.O. 1055(E), 19 October 2001. The handbook is a later official reproduction, not an original gazette scan. It calls the final column large quantity; the statutory definitions establish the legal commercial-quantity meaning. Those definitions use less than/greater than the specified quantities. No inclusive-boundary or legal-possession permission is inferred from the table.
+- **Supreme Court, Basheer alias N.P. Basheer v State of Kerala, 9 February 2004**, complete judgment transcription: https://indiankanoon.org/doc/1517833/ . Read the quoted legislative objects, section 41 exception, equality challenge, reasoning, overruling and final directions. It upholds exclusion of cases whose trials had concluded and appeals were pending on 2 October 2001. It expressly discusses the different situation of an appeal filed after that day; the event does not expand the exclusion to every later appeal or claim every defendant's merits were finally disposed of. No cannabis-specific appellant count is stated. The transcription says 9 October for the quantity notification; the official reproduced notification/table instead identifies 19 October, which is retained.
+- **Department of Revenue NDPS compilation incorporating 2014:** https://dor.gov.in/files/acts_files/Narcotic-Drugs-and-Psychotropic-Substances-Act-1985_0.pdf . Downloaded/extracted and inspected printed/PDF pp. 19 and 24 as images. Section 20's small maximum becomes one year, retaining the fine alternative; the footnote dates the change to 1 May 2014 under S.O. 1183(E), 30 April. Section 31A replaces mandatory death with a prison alternative or death on that same date; its table includes qualifying hashish cases. Neither change is dated to the March assent. Also read section 9(1)(a)(va), 9(2)(ha) and their 2014 amendment notes: the central government gains rule-making powers over essential narcotic drugs. This preserves the broader medicine-regulation context without claiming that access improved immediately.
+
+For the existing 1985 companion, also revisited its existing Wikipedia pages and the TNI/GDPO 2014 report (downloaded; treaty discussion on printed p. 25). The 2001/2014 law texts now support the revised penalty paragraph, and the federal leaf/seed definition is qualified by state law. Its older political and survey background remains sourced as before; this is not a new comprehensive verification of every 1985 legislative debate or every state excise instrument.
+
+## Applied and limits
+
+Added the 2001 reform article, separate 19 October quantity-table entry, and 2004 appeal-exclusion entry. The table implements the reform already scored on 2 October; the court upholds its existing exception. Both added entries are unscored. Replaced the 2001 reform's Wikipedia/commercial explainer sources and its universal commercial-only bail claim. Replaced the assent entry's MyNation reference with the government compilation. Corrected the 2014 entry's effective date, category (death has precedence), title and sentencing distinctions. Qualified the 1985 history description's nationwide-bhang assertion and replaced its secondary definition link with the official compilation. Removed the companion article's anachronistic/inclusive quantity table and linked the later reform instead, with inline citations.
+
+All existing score vectors and current country data are preserved. India's pre-1985 licensed restrictions explain why its first scored event starts at 40 rather than 100; the chain script's existing below-90 advisory remains. This pass does not move the 2001 score anchor to 19 October or claim an offence-free interval between commencement and publication of the weight table. The precise treatment of exact-cutoff cases, original 1985 ganja commencement under the special proviso, original 1989 instruments, and later mixture-weight case law remain separate research leads. The main first-restriction estimates in Austria/Caribbean/Ethiopia still require original texts and are not replaced by guesses.
+
+## Retrieval and preservation
+
+The NCB homepage timed out; its report and handbook downloaded directly. The www handbook address had an expired certificate, so the successful canonical address is cited. The Madhya Pradesh academy's 2002 journal PDF failed DNS. A rules-book reproduction from the ecourtsindia IndiaCode mirror was readable through the web tool (printed pp. 141–145), but direct retrieval returned 403; it corroborated the commencement/notification figures and is not needed as a citation. No original gazette scan is claimed for the 2001 amendment or notifications. Local PDFs, extracted text, page renders and logs remain under `tmp/india-2001-primary/`.
+
+The focused archive-script check found existing captures for all five newly checked addresses; the amendment transcription already had a recorded capture. The concurrent shared archive worker is left untouched. Capture links are preserved here pending the shared index refresh:
+
+- https://web.archive.org/web/20250430114128/https://atfp.gov.in/assets/pdf/Act/Narcotic-Drugs-and-Psychotropic-Substances-Act1985.pdf
+- https://web.archive.org/web/20250216165102/https://dor.gov.in/files/acts_files/Narcotic-Drugs-and-Psychotropic-Substances-Act-1985_0.pdf
+- https://web.archive.org/web/20230323085220/https://indiankanoon.org/doc/1517833/
+- https://web.archive.org/web/20230515104548/https://indiankanoon.org/doc/1997854/
+- https://web.archive.org/web/20260711085557/https://www.narcoticsindia.nic.in/DLEA/1.pdf
+- https://web.archive.org/web/20260711090226/https://www.narcoticsindia.nic.in/Publication/ncb-annual-report-2001.pdf
+
+## Validation
+
+- History tests: 45 passed. Profile/answer tests: 69 passed (114 total). Whitespace check passed.
+- Full final Astro build succeeded: 4,507 pages in 51.02 seconds. New article: 409 words; revised 1985 companion: 453 words.
+- Semantic comparison preserves every baseline event and score vector. Exactly four reviewed existing entries changed; exactly two own events were added. A concurrent Tunisia entry was already committed independently and is preserved.
+- Browser-checked the 2001 article, its separate quantity-table link, the 2004 ruling page and the India country History tab. Dates, sources, table units, context labels and the unchanged 11→13 score step render correctly. The country timeline has the corrected 1 May 2014 date and essential-drug regulation sentence. The article's five references resolve to the intended sources after numbering in order of first use.
+- The source archive and a concurrent Bangladesh article are excluded from this commit. Temporary rendered site output is removed after verification; source PDFs and audit logs remain.

scripts/history-scope.test.cjs +16 −0
@@ -1051,2 +1051,18 @@ test("The 1974 drug-law account separates Russian implementation and conditional
  assert.doesNotMatch(article,/copied into Article 224 of every republic|trafficking to ten to fifteen/);
 });
+
+test("India's 2001 reform retains the original penalty, bail exceptions and appeal cutoff",()=>{
+ const r=byId['india-ndps-amendment-2001'];
+ assert.equal(r.date,'2001-10-02');assert.match(r.description,/six months or a fine or both/);
+ assert.match(r.description,/commercial quantities and separately named serious offences/);
+ assert.ok(r.sources.some(s=>s.url.includes('ncb-annual-report-2001.pdf')));
+ assert.ok(!r.sources.some(s=>s.url.includes('wikipedia.org')));
+ const q=byId['india-cannabis-quantity-cutoffs-2001'];assert.equal(q.date,'2001-10-19');
+ assert.equal(q.before,undefined);assert.match(q.description,/small quantity is less than.*commercial quantity is greater than/s);
+ const appeal=byId['india-basheer-pending-appeals-2004'];assert.equal(appeal.date,'2004-02-09');
+ assert.equal(appeal.before,undefined);assert.match(appeal.description,/appeals already pending on 2 October 2001/);
+ const later=byId['india-ndps-amendment-2014'];assert.equal(later.date,'2014-05-01');
+ assert.equal(later.category,'death');assert.match(later.description,/six months to one year/);
+ const old=fs.readFileSync('articles/india-ndps-act-1985.md','utf8');
+ assert.doesNotMatch(old,/Up to 1 kg|20 kg or more|bhang stayed\s+legal/);
+});

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