Power to tender immunity from prosecution
Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with power to tender immunity from prosecution. The Central Government or the State Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of t The Act came into force on 14 Nov 1985.
(1) The Central Government or the State Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of this Act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act or State Act, as the case may be, for the time being in force, on condition of his making a full and true disclosure of the whole circumstances relating to such contravention.
(2) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made.
(3) If it appears to the Central Government or, as the case may be, the State Government, that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the Central Government or, as the case may be, the State Government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter.
Section 64, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Said decision is inapposite to the case on hand. (ii) In Jasbir Singh v. Vipin Kumar Jaggi and others reported in AIR 2001 SCC 2734, the Hon'ble Supreme Court has considered a case of immunity from prosecution, provided under Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985, conferred on the Central Government vis-a-vis the power of the Court under Section 307 of the Cr.P.C., for grant of pardon to approvers. After considering various decisions, at paragraphs 38 & 39, the Hon'ble Apex Court held thus: > "38. There is no …
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… State of Bihar, [AIR 1991 SC 1148], it was held that Sections 83 and 34 of the Forest Act, 1927 were special provisions which would prevail over the provisions of Sale of Goods Act. Similarly, in Jasbir Singh vs. Vipin Kumar Jaggi, [(2001) 8 SCC 289], it was held that Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985 would prevail over Section 307 of the Criminal Procedure Code, 1973, as it is a provision in special Act. 67. Hence, it is held that the provision of the Act of 1997 and Rule 16 of the Rules of 2002 made thereunder, which is a special enactment would …
Questions about Section 64
What does Section 64 of the Narcotic Drugs and Psychotropic Substances Act deal with?
Section 64 of the Narcotic Drugs and Psychotropic Substances Act is headed "Power to tender immunity from prosecution". The Central Government or the State Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of t
How do I find court cases under Section 64 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 64, section 64 NDPS Act, section 64 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 64a and 64 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 64 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 64 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 64, 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 18 Oct 2026. This page is not a substitute for legal advice.