CourtMesh

Section 32B: Factors to be taken into account for imposing higher than the minimum punishment.

The Narcotic Drugs and Psychotropic Substances Act, 1985Central Act · Act 61 of 1985

[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.]

Where this provision sits

ActThe Narcotic Drugs and Psychotropic Substances Act, 1985
Section32B
Marginal noteFactors to be taken into account for imposing higher than the minimum punishment.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it5

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 9 of 2001. . Ins. by Act 9 of 2001, s. 14 (w.e.f. 2-10-2001).

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Narcotic Drugs and Psychotropic Substances Act, 1985 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.