Enhanced punishment for offences after previous conviction
Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with enhanced punishment for offences after previous conviction. 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 The Act came into force on 14 Nov 1985.
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.]
Section 31, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Rafiq Qureshi vs Narcotic Control Bureau Eastern Zonal Unit
Court's Decision & Legal Precedent
Where a minimum term of imprisonment is prescribed for an offence under the NDPS Act, courts retain discretion to impose punishment higher than the minimum based on factors they deem fit, which are in addition to (not limited to) the factors enumerated in Section 32B(a) to (f). The enumerated factors are illustrative, not exhaustive. Relevant factors such as the quantity of narcotic drugs involved can justify higher than minimum sentence even if not explicitly listed in Section 32B. However, when courts impose higher than minimum sentence based on factors other than those in Section 32B(a) to (f), higher courts can examine whether such factors are relevant, and if an irrelevant factor is used without any Section 32B factors being present, the higher sentence can be interfered with.
On this section: Provides for enhanced punishment for repeat offenders, establishing legislative intent regarding sentencing structure rationalization.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 31
What have the courts held on Section 31 of the Narcotic Drugs and Psychotropic Substances Act?
Rafiq Qureshi vs Narcotic Control Bureau Eastern Zonal Unit (07 May 2019) is the leading judgment on this section among those set out below: Provides for enhanced punishment for repeat offenders, establishing legislative intent regarding sentencing structure rationalization.
How do I find court cases under Section 31 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 31, section 31 NDPS Act, section 31 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 31a and 31 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rafiq Qureshi vs Narcotic Control Bureau Eastern Zonal Unit (07 May 2019).
What should I read with Section 31 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 31 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 31 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 31, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.