Relevancy of statements under certain circumstances
Section 53A of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with relevancy of statements under certain circumstances. A statement made and signed by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the f The Act came into force on 14 Nov 1985.
1[53A. Relevancy of statements under certain circumstances.-- (1) A statement made and signed by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,
(a) when the person who made the statement is dead or connot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or
(b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice.
(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.]
Section 53A, 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.
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.
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Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer
Court's Decision & Legal Precedent
Officers designated under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872. Consequently, any confessional statement made to such officers is barred from being used as evidence under Section 25 of the Evidence Act. Additionally, a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act, as Section 67 is limited to calling for information and examining persons during an inquiry antecedent to investigation, not for recording confessions as substantive evidence.
On this section: Relevancy of statements made before officers empowered under Section 53 in certain circumstances - exception to Section 162 CrPC
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 53A
What have the courts held on Section 53A of the Narcotic Drugs and Psychotropic Substances Act?
Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020) is the leading judgment on this section among those set out below: Relevancy of statements made before officers empowered under Section 53 in certain circumstances - exception to Section 162 CrPC.
How do I find court cases under Section 53A 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 53A, section 53A NDPS Act, section 53A of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 53a 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 Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020).
What should I read with Section 53A of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 53 (Power to invest officers of certain departments with powers of an officer-in-charge of a police station), so none of them can safely be read on its own.
When did Section 53A of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 53A of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 53A, 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 15 Oct 2026. This page is not a substitute for legal advice.