When a person commits any offence, then he or she is punished, so that such
act or omissions do not repeat in the future. There are different theories to
understand the nature of punishment and on the other hand, victim is entitled to
compensation.
Punishment
There is no universal accepted definition of a punishment. It can be simply
defined as an 'infliction of some kind of pain or loss upon for a misdeed'. It
is a practice of imposing something unpleasant on a person as a response to some
unwanted or immoral behaviour or disobedience that he/she has displayed. The
chief objectives of punishment are providing retribution to victim against the
offender, deter the criminal from future criminal act, and rehabilitation of the
offender.
A punishment is not just only for taking revenge and retribution, but has a wide
view which includes utlitarian concern for deterrence and rehabilitation.
Humanists have different views on the relevancy of a punishment, some are in
favour of punishment, while many oppose it. Crime and misdeed are part of every
society, thus punishment become important to ensure smooth functioning of a
society.
Theories of Punishment
A punishment has multiple facets. In order to understand them, scholars have
propounded different theories of punishment. These theories cover almost all the
aspects of punishment, which are as follows:
Deterrent Theory
Cesare Beccaria and Jeremy Bentham are considered as the founders of this
theory. This theory was based on a hedonistic conception of man and that man as
such would be deterred from crime if punishment were applied swiftly, certainly
and severely.
This theory is most prominent theory of punishment. According to this theory,
deterrence prevents crime, by the infliction of an exemplary sentence on the
offender. The motives of the offender are impacted by the deterrence. The
founders of this theory believed that, a punishment is meant to prevent the
person concerned and other persons from committing similar offences. There are
many countries in the world, which still follow practice of capital punishment,
as they believe that capital punishment has highest deterrence.
The core principle of deterrence theory is that evil should be returned for evil
without taking into consideration any consequences. There are mainly two types
of deterrence, i.e. specific and general deterrence. In former, punishment is
designed such that it can educate the criminals and later is designed to avoid
future crime.
The Supreme Court, in
Phul Singh v. State of Haryana case observed that:
the incriminating company of lifers and others for long may be
counter-productive and in this perspective, we blend deterrence with correction,
and reduce the sentence to rigorous imprisonment for two years.
Preventive Theory
After deterrent theory, preventive theory is another important theory of
punishment. Both preventive and deterrent theories seem to be same but quite
different from each other. The aim of deterrence theory is to warn society at
large to not to commit a crime, whereas the preventive theory aims at disabling
the criminal from doing further harm. The preventive theory utilizes a restraint
that an offender if repeats the criminal act, is culpable for death, exile or
imprisonment. This theory is based on the principle that society must be
protected from criminals. This theory disables the criminals from committing
offences, through different means such as death penalty, putting an offender
behind bars, etc.
For example, an owner of the land puts a notice that 'trespassers' would be
prosecuted. Thus, his aim is not to punish trespass but to prevent it.
In another case, sending a criminal to the prison, the society is in turn trying
to prevent the offender from doing any other crime.
Reformative Theory
Reformative theory views punishment from different perspective. This theory is
based on the notion that the objective of punishment should be to bring reform
in the offender, so that in future, an offender should not commit crime again.
This theory is a type of positive theory, which believes that crime can be
reduced or abolished by 'positive' deeds. The exponents of this theory emphasize
that, when offenders stay in prison, there should be facilities to re-educate
them and re-shape their personality.
Followers of this theory criticise severe punishments, such as execution,
solitary confinement and maiming are relics of the past and enemies of
reformation. This theory focuses on the change in the character of the offender,
in order to make him decent member of the society.
Retributive Theory
This theory is one of the oldest theories for justification of punishment. The
foundation stone of this theory was laid down by the principle An eye for an
eye, a tooth for a tooth”.
For example, if person A breaks a hand of person B in mutual fight, then
punishment according to retributive theory will be that, hand of A will be
broken. This theory is quite close to the concept of revenge. Above mentioned
theories perceive punishment as a means to some other end, while this theory
looks on it as end in itself.
This theory helps in providing moral satisfaction to the victim and society by
punishing the criminal or offender for his act. This theory legitimises the
concept that evil should be returned for evil, and an offender should be dealt
with in the manner in which he deal others.
This theory has many inherent limitations such as, it ignores the causes of the
crime, and it does not focus on the reformation of offender.
Compensation Theory
This theory puts forward another aspect of the punishment. The exponents of this
theory believe that punishment is not only for preventing crime, but also to
compensate the victim of the crime.
According to the compensation theory, punishment is decided keeping the interest
of victim. For example, if person A injures person B in a road accident, then
law can punish person A to take care of person B and pay amount incurred in
medication.
Kinds of Punishment
Capital Punishment
Capital punishment is also referred as death punishment. As the name suggests,
in this punishment, a person is killed through different means such as hanging,
giving poison etc. Among all the punishments, capital punishment is considered
as most deterrent.
During ancient and middle ages, this punishment was very common. In these ages,
sometimes people were given death punishment for minor offence. In modern
period, many countries abolished capital punishment.
Scholars have different views on capital punishment, many are in favour of
completely abolishing it, while others are in favour of keeping it in cases of
rarest of rare.
In
Bachan Singh v. State of Punjab case, the Supreme Court ruled that the
death penalty is constitutionally valid and does not constitute an unreasonable,
cruel or unusual punishment. The majority pointed out that the death penalty is
to be imposed only for 'special reasons' and only in the rarest of rare case.
Deportation
The next punishment is deportation. It is a mechanism through which a person or
group of people are expelled from a country. In India, it is referred as
transportation. Deportation can be of both, citizen as well as illegal migrant.
This method does not provide long-term solution, as a man who is dangerous in
one society and if he is let lose in another society, he is likely to be equally
dangerous in other society also. Most of the countries have abolished this type
of punishment.
Corporal Punishment
The punishment like modulation, flogging and torture falls under the category of
corporal punishment. It is also known by the name of physical punishment. This
punishment is quite horrific in nature.
Many prisoners bled to death as a result of the wound received by the lashes.
Whipping was most common form of punishment, which continues mercilessly even
after the prisoner has fainted.
Imprisonment
A state of being physically incarcerated or confined at a specific place,
according to law of a land, is referred as an imprisonment. It can be of
different terms, depending on the type of offence committed i.e. it can be for 1
year, 2 years, 10 years, 20 years or lifetime imprisonment. It serves many
objectives of punishment, such as deterrence, preventive and building the
character of the offender.
Solitary Confinement
Solitary confinement is a type of imprisonment. This type of punishment exploits
fully the social nature of human beings and by denying them the society of their
fellow beings, it seeks to inflict pain on them.
When offenders are left alone for longer time and they learn for company of
someone, such situation is inflicted on an offender. A solitary confinement has
a high probability to turn a person of sound mental health into a lunatic.
Indeterminate Sentence
In this kind of punishment, the accused is not sentenced to imprisonment for any
fixed period. This punishment is effective in serving the reformative purpose to
a great sentence. The term of sentence does not mention any specific period of
time or release date.
Fine
Fine is monetary form of punishment. In this punishment, an offender has to pay
amount, directed by a competent authority. Quantum of fine may be decided on the
basis of cases. It can be from thousands to lakhs, fines can also be collected
by forfeiting the property of the offender. Many times, offenders are imprisoned
if they are not able to pay the fine.
Compensation to the Victims of Crime
Victim is an umbrella term which includes any person, group, or entity who have
suffered harm, injury or loss due to illegal activities of others. A victim can
undergo mental, physical and economic harm. In order to reduce the problem of
victim, there is a provision of compensation. Compensation cannot fully solve
the problem of victim, but it can help victim in starting a new journey.
For example, in the case of acid attack, a victim has a right to get
compensation of rupee 3 lakh.
In India, compensation can be delivered through the following ways:
- Compensation from State, which is the outcome of judicial imposition or
sometimes even ex-gratia, under Constitution of India.
- Compensation from an offender, which is the outcome either as a part of
fine or allocation of a specific sum to victim, either under Cr.PC or
Constitution of India.
Role of Judiciary in Compensation to Victims of Crime
The judiciary has played significant role in providing compensation to the
victim of crime.
Some renowned cases are as follows:
In the case of Hari Kishan and State of Haryana v. Sukhbir Singh and others,
the court held that, the payment by way of compensation must, however, be
reasonable. What is reasonable may depend upon the facts and circumstances of
each case. The quantum of compensation may be determined by taking into account
the nature of crime, the justness of claim by the victim and the ability of
accused to pay.
In the case of Balraj Singh v. State of UP, the Supreme Court stated the
point, as discussed in the case, in most appropriate words by saying that the
power to award compensation is not ancillary to the other sentence but in
addition thereto.
In the case ofBodhi Satta Gautam v. Subhra Chakraborty, the Hon'ble
Supreme Court invented the concept of interim compensation. An interim payment
is an amount of compensation that is paid by the defendant to the injured person
before their personal injury claim has settled.
In the landmark judgment of Saheli v. Commissioner of Police, where the
son of the Kamlesh Kumari died due to ill treatment of an SI of Delhi Police,
the Supreme Court directed the Delhi Administration to pay the compensation of
rupee 75,000.
Provisions of Compensation to victims of Crime under Code of Criminal
Procedure, 1973.
Following are some of the important provisions regarding compensation to victim
of crime under Cr.PC, 1973
Compensation for Accusation without Reasonable Cause [Section 250 (1)]
If, in any case instituted upon complaint or upon information given to a police
officer or to a Magistrate, one or more persons is or are accused before a
Magistrate of any offence triable by a Magistrate, and the Magistrate by whom
the case is heard discharges or acquits all or any of the accused, and is of
opinion that there was no reasonable ground for making the accusation against
them or any of them, the Magistrate may, by his order of discharge or acquittal,
if the person upon whose complaint or information the accusation was made is
present, call upon him forthwith to show cause why he should not pay
compensation to such accused or to each or any of such accused when there are
more than one; or, if such person is not present, direct the issue of a summons
to him to appear and show cause as aforesaid.
Order to Pay Compensation (Section 357)
When a court imposes a sentence of fine or a sentence (including a sentence of
death) of which fine forms a part, the court may, when passing judgment, order
the whole or any part of the fine recovered to be applied:
- in defraying the expenses properly incurred in the prosecution;
- in the payment to any person of compensation for any loss or injury
caused by the offence, when compensation is, in the opinion of the Court,
recoverable by such person in a Civil Court;
- when any person is convicted of any offence for having caused the death
of another person or of having abetted the commission of such an offence, in
paying compensation to the persons who are, under the Fatal Accidents Act,
1855, entitled to recover damages from the person sentenced for the loss
resulting to them from such death;
- when any person is convicted of any offence which includes theft,
criminal misappropriation, criminal breach of trust, or cheating, or of
having dishonestly received or retained, or of having voluntarily assisted
in disposing of, stolen property knowing or having reason to believe the
same to be stolen, in compensating any bonafide purchaser of such property for the loss of the same
if such property is restored to the possession of the person entitled thereto.
[Section 357(1)]
If the fine is imposed in a case which is subject to appeal, no such payment
shall be made before the period allowed for presenting the appeal has elapsed,
or, if an appeal be presented, before the decision of the appeal. [Section
357(2)]
When a court imposes a sentence, of which fine does not form a part, the court
may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who has
suffered any loss or injury by reason of the act for which the accused person
has been so sentenced. [Section 357(3)]
An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision. [Section
357(4)]
At the time of awarding compensation in any subsequent civil suit relating to
the same matter, the court shall take into account any sum paid or recovered as
compensation under this section. [Section 357(5)]
Victim Compensation Scheme (Section 357A)
Every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for the purpose of compensation to the
victim or his dependents who have suffered loss or injury as a result of the
crime and who, require rehabilitation. [Section 357A (1)]
Whenever a recommendation is made by the court for compensation, the district
legal service authority or the state legal service authority, as the case may
be, shall decide the quantum of compensation to be awarded under the scheme
referred to in sub-section (1). [Section 357A (2)]
If the trial court, at the conclusion of the trial, is satisfied, that the
compensation awarded under Section 357 is not adequate for such rehabilitation,
or where the cases end in acquittal or discharge and the victim has to be
rehabilitated, it may make recommendation for compensation, [Section 357A(3)]
Where the offender is not traced or identified, but the victim is identified,
and where no trial takes place, the victim or his dependents may make an
application to the State or the District legal services authority for award of
compensation. [Section 357A (4)]
On receipt of such recommendations or on the application under sub-section (4),
the State or the District legal services authority shall, after due enquiry
award adequate compensation by completing the enquiry within two months.
[Section 357A (5)]
The State or the District legal services authority, as the case may be, to
alleviate the suffering of the victim, may order for immediate first-aid
facility or medical benefits to be made available free of cost on the
certificate of the police officer not below the rank of the officer incharge of
the police station or a Magistrate of the area concerned, or any other interim
relief as the appropriate authority deems fit. [Section 357A (6)]
Compensation to Persons Groundlessly Arrested (Section 358)
Whenever any person causes a police officer to arrest another person, if it
appears to the Magistrate by whom the case is heard that there was no sufficient
ground for causing such arrest, the Magistrate may award such compensation, not
exceeding one hundred rupees, to be paid by the person so causing the arrest to
the person so arrested, for his loss of time and expenses in the matter, as the
Magistrate thinks fit. [Section 358(1)]
In such cases, if more persons than one are arrested, the Magistrate may, in
like manner, award to each of them such compensation, not exceeding one hundred
rupees, as such Magistrate thinks fit. [Section 358(2)]
All compensation awarded under this section may be recovered as if it were a
fine, and, if it cannot be so recovered, the person by whom it is payable shall
be sentenced to simple imprisonment for such term not exceeding 30 days as the
Magistrate directs, unless such sum is sooner paid. [Section 358(3)]
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power, 1985
The declaration was adopted by United Nations General Assembly resolution 40/34
of 29th November, 1985.
Important points of the declaration are discussed below:
Victims of Crime
Victims means persons who, individually or collectively, have suffered harm,
including physical or mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights, through acts or omissions
that are in violation of criminal laws operative within member States, including
those laws prescribing criminal abuse of power.
A person may be considered a victim, under this declaration, regardless of
whether the perpetrator is identified, apprehended, prosecuted or convicted and
regardless of the familial -relationship between the perpetrator and the victim.
The term victimalso includes, where appropriate, the immediate family or
dependants of the direct victim and persons who have suffered harm in
intervening to assist victims in distress or to prevent victimization.
Access to Justice and Fair Treatment
Victims should be treated with compassion and respect for their dignity. They
are entitled to access to the mechanisms of justice and to prompt redress, as
provided for by national legislation, for the harm that they have suffered.
Judicial and administrative mechanisms should be established and strengthened
where necessary to enable victims to obtain redress through formal or informal
procedures that are expeditious, fair, inexpensive and accessible. Victims
should be informed of their rights in seeking redress through such mechanisms.
The responsiveness of judicial and administrative processes to the needs of
victims should be facilitated by:
- Informing victims of their role and the scope, timing and progress of
the proceedings and of the disposition of their cases, especially where
serious crimes are involved and where they have requested such information.
- Allowing the views and concerns of victims to be presented and
considered at appropriate stages of the proceedings where their personal
interests are affected, without prejudice to the accused and consistent with
the relevant national criminal justice system.
- Providing proper assistance to victims throughout the legal process.
- Taking measures to minimize inconvenience to victims, protect their
privacy, when necessary, and ensure their safety, as well as that of their
families and witnesses on their behalf, from intimidation and retaliation.
- Avoiding unnecessary delay in the disposition of cases and the execution
of orders or decrees granting awards to victims.
Informal mechanisms for the resolution of disputes, including mediation,
arbitration and customary justice or indigenous practices, should be utilized
where appropriate to facilitate conciliation and redress for victims.
Compensation
When compensation is not fully available from the offender or other sources,
States should endeavour to provide financial compensation to:
- Victims who have sustained significant bodily injury or impairment of
physical or mental health as a result of serious crimes.
- The family, in particular dependants of persons who have died or become
physically or mentally incapacitated as a result of such victimization.
The establishment, strengthening and expansion of national funds for
compensation to victims should be encouraged. Where appropriate, other funds may
also be established for this purpose, including in those cases where the State
of which the victim is a national is not in a position to compensate the victim
for the harm.
Counterfeiting
In the Section 28 of IPC 'Counterfeit' is defined as:
A person is said to
'counterfeit' who causes one thing to resemble another thing, intending by means
of that resemblance to practice deception, or knowing it to be likely that
deception will thereby be practiced”.
Some of the important provisions related to counterfeiting are as follows:
Counterfeiting Coin (Section 231)
Whoever counterfeits or knowingly performs any part of the process of
counterfeiting coin, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Counterfeiting Indian Coin (Section 232)
Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting Indian coin, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Making or Selling Instrument for Counterfeiting Coin (Section 233)
Whoever makes or mends, or performs any part of the process of making or
mending, or buys, sells or disposes of, any die or instrument, for the purpose
of being used, or knowing or having reason to believe that it is intended to be
used, for the purpose of counterfeiting coin, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Making or Selling Instrument for Counterfeiting Indian Coin (Section 234)
Whoever makes or mends, or performs any part of the process of making or mending
or buys, sells or disposes of, any die or instrument, for the purpose of being
used, or knowing or having reason to believe that it is intended to be used, for
the purpose of counterfeiting Indian coin, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall also
be liable to fine.
Import or Export of Counterfeit Coin (Section 237)
Whoever imports into India, or exports there from, any counterfeit coin,
knowingly or having reason to believe that the same is counterfeit, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
Import or Export of Counterfeits of the Indian Coin (Section 238)
Whoever imports into India, or exports there from, any counterfeit coin, which
he knows or has reason to believe to be a counterfeit of Indian coin, shall be
punished with imprisonment for life, or with imprisonment of either description
for a term which may extend to 10 years, and shall also be liable to fine.
Counterfeiting Government Stamp (Section 255)
Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting, any stamp issued by Government for the purpose of revenue shall
be punished with imprisonment for life or with imprisonment of either
description for a term which may extend to 10 years, and shall also be liable to
fine.
Making or Selling Instrument for Counterfeiting Government Stamp (Section 257)
Whoever makes or performs any part of the process of making, or buys, or sells,
or disposes of, any instrument for the purpose of being used, or knowing or
having reason to believe that it is intended to be used, for the purpose of
counterfeiting any stamp issued by Government for the purpose of revenue, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.
Sale of Counterfeit Government Stamp (Section 258)
Whoever sells, or offers for sale, any stamp which he knows or has reason to
believe to be a counterfeit of any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
Section 475 of the Act
This section deals with 'Counterfeiting device or mark used for authenticating
documents described in section 467, or possessing counterfeit marked material'.
As per the provisions of this section, whoever counterfeits upon, or in the
substance of, any material, any device or mark used for the purpose of
authenticating any document described in Section 467 (forgery of valuable
security, will etc.) of this code, intending that such device or mark shall be
used for the purpose of giving the appearance of authenticity to any document
then forged or thereafter to be forged on such material, or who, with such
intent, has in his possession any material upon or in the substance of which any
such device or mark has been counterfeited, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which May extend
to seven years, and shall also be liable to fine.
Section 476 of the Act
This section deals with 'Counterfeiting device or mark used for authenticating
documents other than those described in section 467, or possessing counterfeit
marked material'. As per the provisions of this section, whoever counterfeits
upon, or in the substance of, any material, any device of mark used for the
purpose of authenticating any document other than the documents described in
Section 467 of this code, intending that such device or mark shall be used for
the purpose of giving the appearance of authenticity to any document then forged
or thereafter to be forged on such material, or who with such intent, has in his
possession any material upon or in the substance of which any such device or
mark has been counterfeited, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable
to fine.
Counterfeiting a Property Mark used by Another (Section 483)
Whoever counterfeits any property mark used by any other person shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Counterfeiting a Mark used by a Public Servant (Section 484)
Whoever counterfeits any property mark used by a public servant, or any mark
used by a public servant to denote that any property has been manufactured by a
particular person or at a particular time or place, or that the property is of a
particular quality or has passed through a particular office, or that it is
entitled to any exemption, or uses as genuine any such mark knowing the same to
be counterfeit, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Making or Possession of any Instrument for Counterfeiting a Property Mark
(Section 485)
Whoever makes or has in his possession any die, plate or other instrument for
the purpose of counterfeiting a proper mark, or has in his possession a property
mark for the purpose of denoting that any goods belong to a person to whom they
do not belong, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
Selling Goods Marked with a Counterfeit property Mark (Section 486)
Whoever sells, or exposes, or has in possession for sale, any or things with a
counterfeit property mark affixed to or impressed upon the same or to or upon
any case, package or other receptacle in which such goods are contained, shall,
unless he proves:
- that, having taken all reasonable precautions against committing an
offence against this section, he had, at the time of the commission of the
alleged offence, no reason to suspect the genuineness of the mark, and
- that, on demand made by or on behalf of the prosecutor, he gave all the
information in his power with respect to the persons from whom he obtained
such goods or things, or
- that otherwise he had acted innocently.
Be punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both.
Counterfeiting Currency-notes or Bank-notes (Section 489A)
Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting, any currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Using as Genuine, Forged or Counterfeit Currency-notes or Bank-notes (Section
4898)
Whoever sells to, or buys or receives from, any other person, or otherwise
traffics in or uses as genuine, any forged or counterfeit currency-note or
bank-note, knowing or having reason to believe the same to be forged or
counterfeit, shall be punished with imprisonment for life or with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
Possession of Forged or Counterfeit Currency-notes or Bank-notes (Section 489C)
Whoever has in his possession any forged or counterfeit, Currency-note or bank
note, knowing or having reason to believe the same to be forged or counterfeit
and intending to use the same as genuine or that it may be used as genuine,
shall be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
Section 489D of the Act
This section deals with 'Making or possessing instruments or materials for
forging or counterfeiting currency-notes or bank-notes'.
As per the provisions of this section, whoever makes, or performs any part of
the process of making, or buys or sells or disposes of, or has in his
possession, any machinery, instrument of material for the purpose of being used,
or knowing or having reason to believe that it is intended to be used, for
forging or counterfeiting any currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Drug Trafficking
Drug trafficking is one of the evils, which is spreading at the alarming rate.
Almost all the countries are facing this giant problem. It can be defined as an
illicit trade involving the cultivation, manufacture, distribution and sale of
substance which are subject to drug prohibition laws. Drug trafficking is a
billion dollar industry, and integral component of the organized crime. It is
active at both national and international level. Drugs which are generally
trafficked are cannabis, cocaine, heroin and methamphetamine. For drug
trafficking, porous international border, act as a bonus. Youths are highly
vulnerable to drug trafficking. India is situated between The Golden Cresent and
The Golden Triangle, which makes it highly vulnerable to be affected from drug
trafficking.
Offence of Drug Trafficking in India
According to the Chapter IV of the Narcotic Drugs and Psychotropic Substances
Act, (NDPS Act, 1985), fine and punishment varies with drug offence i.e. accuse
for small quantity of drugs, the punishment is rigorous imprisonment or fine of
rupee 10,000 or both and for large quantity, it is 10 years to 20 years rigorous
imprisonment and fine from rupee 1 lakh to 2 lakhs.
United Nations Office on Drugs and Crime (UNODC)
Since 1997, the United Nations Office on Drugs and Crime (UNODC) has been
putting the efforts to make the world safer from drugs, organized crime,
corruption and terrorism. UNODC is committed to achieve health, security and
justice for all by tackling these threats and promoting peace and sustainable
well-being as deterrents to them. Because, the scale of these problems is often
too great for states to confront alone, UNODC offers practical assistance and
encourages transnational approaches to action.
The office is committed to
supporting Member States in implementing the 2030 Agenda for Sustainable
Development and the 17 Sustainable Development Goals (SDGs) at its core. The
2030 Agenda clearly recognizes that the rule of law and fair, effective and
humane justice systems, as well as health-oriented responses to drug use, are
both enablers for and part of sustainable development.
Some of the Important International Treaties related to Drug Trafficking:
- Single Convention on Narcotic Drugs of 1961 as amended by the 1972
Protocol
- Convention of Psychotropic Substances of 1971
- United Nations Convention against illicit traffic in Narcotic Drugs and
Psychotropic Substances of 1988.
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