NDPS · IV — OFFENCES AND PENALTIES

Section 32. Punishment for offence for which no punishment is provided

In force · As amended up to 2026-08

32. Punishment for offence for which no punishment is provided .—Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation 1. Subs. by Act 9 of 2001, s. 13, for "1,500 grams" (w.e.f. 2-10-2001). 2. Subs. by Act 16 of 2014, s. 15, for "shall be punishable with death" (w.e.f. 1-5-2014). 3. Subs. by Act 9 of 2001, s. 13, for certain words, figures and brackets (w.e.f. 2-10-2001). issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 1 [ 32A. No suspension, remission or commutation in any sentence awarded under this Act .— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.] 2 [32B. Factors to be taken into account for imposing higher than the minimum punishment .— Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:— (a) the use or threat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities; (e) the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence; and (f) the fact that the offender is involved in other illegal activities facilitated by commission of the offence.]

Source: India Code