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/);
+});