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Section 65: Order for publication of names, etc., of convicted persons [Repealed]

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 64 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 66

Legal Commentary & Landmark Judgments: Section 65

Section 65 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which empowered the court to publish the names, places of residence, and offences of convicted drug offenders at their own expense in newspapers or other public media—was expressly repealed by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (Act 16 of 2014) with effect from May 1, 2014. The legislative repeal reflects a modern human-rights and criminological shift away from state-sponsored public shaming and permanent social stigmatization, recognizing that shaming mechanisms impede offender reformation, prejudice post-release rehabilitation, and violate the evolving parameters of personal dignity under Article 21 of the Constitution.

  • Legislative History and Erstwhile Shaming Power: Prior to its repeal in 2014, Section 65 authorized the court convicting a person under the Act to cause his name, residence, offence, and sentence to be published at his expense in such newspapers or in such other manner as the court directed. It was modeled on colonial deterrence models designed to inflict public ignominy upon narcotics offenders.
  • Rationale for Repeal by Act 16 of 2014: Parliament repealed Section 65 pursuant to recommendations of international human rights bodies and the Law Commission, acknowledging that public shaming disproportionately harmed family members, prevented social reintegration of reformed drug offenders, and clashed with modern rehabilitative penology. The repeal aligns Indian narcotics law with progressive international standards that prioritize treatment and reintegration.
  • Evidentiary and Post-Conviction Status: Following the 2014 repeal, criminal courts have no statutory power under the NDPS Act to order public advertisement or newspaper publication of convictions. Conviction records remain strictly within judicial archives and police registers, governed by ordinary criminal recording rules and data privacy norms.
Key Landmark Precedents:
  • K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 (9-Judge Bench): The 9-Judge Constitution Bench established that informational privacy and personal dignity are intrinsic components of Article 21; state-mandated public shaming of convicted persons after sentence completion impacts dignity and rehabilitation rights.
  • State of Punjab v. Baldev Singh (1999) 6 SCC 172 (Constitution Bench): The Supreme Court emphasized that penal provisions must be strictly construed and balanced against constitutional liberties; the evolving statutory framework of the NDPS Act must reflect modern human rights jurisprudence.
Courtroom Practice & Strategic Litigation Guidance:

If any trial court or prosecuting agency inadvertently seeks an order for public shaming, newspaper notice, or public billboard publication of an NDPS convict, immediately oppose by citing the express repeal of Section 65 by Act 16 of 2014. Highlight that the court lacks jurisdiction to impose extra-statutory sanctions that inflict social ostracism, which violates Article 21 personal dignity and rehabilitative justice.

Section 64 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 66