Home  /  Narcotic Drugs and Psychotropic Substances Act, 1985  /  Section 28

Section 28: Punishment for attempts to commit offences

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 27A All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 penalizes attempts to commit offences under the Act, establishing equal punishment for failed attempts.

  • Penal Liability for Violation: Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed.
  • Penal Consequences & Liability: In such attempt does any act towards the commission of the offence, shall be punishable with the punishment provided for the offence itself.

Section 28 treats attempted narcotics offences with equal severity as completed acts, eliminating legal loopholes for interrupted drug trafficking operations.

Key Landmark Precedents:
  • Koppula Venkat Rao v. State of A.P. (2004) 3 SCC 602: Held that under special criminal enactments, proximate acts towards commission of a drug offence attract full statutory liability under Section 28.
Legal Commentary:

Unlike the general penal code where attempts ordinarily receive half the sentence, Section 28 imposes the exact same mandatory minimum punishment upon attempts as completed offences.

Section 27A All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 29