How New Drugs Are Added Under Section 3 Of NDPS Act?

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a strong focus on criminal and regulatory law, the article offers clear insights into complex legislations like the Narcotic Drugs and Psychotropic Substances (NDPS) Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

What Is Section 3 Of NDPS Act?

Section 3 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 empowers the Central Government to regulate the list of psychotropic substances in India. This authority enables the government to respond swiftly to emerging drug trends and international obligations.
Section 3 grants the Central Government the power to:

1. Add new substances to the list of psychotropic substances.
2. Remove existing substances from the list.
3. Modify entries in the Schedule as necessary.

These changes are enacted through notifications published in the Official Gazette, ensuring transparency and legal validity.

What Is The Criteria For Modification?

The Central Government considers the following factors before making changes:

1. Scientific evidence regarding the nature, effects, and potential for abuse of a substance.
2. International conventions and any modifications therein concerning specific substances.

This approach ensures that India’s drug policy aligns with global standards and addresses domestic concerns effectively.

What Is the Significance of Section 3 Of NDPS Act?

This section serves as a critical tool for:

1. Adapting to new psychoactive substances that may pose health risks.
2. Fulfilling international treaty obligations, such as those under the United Nations conventions.
3. Maintaining public health and safety by controlling the availability of potentially harmful substances.

Conclusion

Section 3 of the NDPS Act, 1985, provides the Central Government with the necessary authority to regulate psychotropic substances effectively. By enabling timely updates to the Schedule, it plays a vital role in safeguarding public health and ensuring compliance with international standards.