A Socio Legal Analysis of Drug Abuse and Drug Trafficking in India

2025-01-05T20:05:47+00:00

Drug abuse is considered one of the main causes of crime since ancient times. Due to regular abuse of drugs, these users do not have a good image in the society. And due to criminal structures, their health is also negatively affected. It is a global record that the highest number and reason for crimes in the world is drug addiction. In India, “Narcotic Drug and Psychotropic Substance Act, (NDPS) 1985” made for drugs and drug abuser, smuggling, storage and intake of drugs and making drugs. As a problem, it creates a hindrance in the development of our country. According to an annual report by the “Ministry of Social Justice and Empowerment”, it is clear that in India, men between 15 and 35 years of age are the most involved in drug addiction, and some users are under 18 years of age. “Narcotic Drugs and Psychotropic Substances Act, (NDPS) 1985” in spite of all of the laws, Many Indian people are involved in misuse of drugs because there is a defect within the implementation of the law and no longer within the Act itself. This is one of the main reasons for drug abuse in our nation. This paper addresses legal policy measures for misuse of drugs in India. This study to detect the causes of drug abuse in Indian perspective.

Impact of the Bhartiya Nyaya Sanhita, 2023 Relating to Sexual Offences: A Study of Its Effects on Victims, Accused, and Witnesses in the Light of Criminal Jurisprudence and Constitutional Principles

2025-01-05T20:14:33+00:00

The Bhartiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code of 1860, introduces significant reforms in criminal law, including provisions relating to sexual offences. This study critically examines the impact of these changes on victims, the accused, and witnesses, emphasizing their alignment with criminal jurisprudence and constitutional principles. Key innovations in the BNS, such as redefining sexual offences, strengthening victim-centric approaches, and introducing measures to safeguard the under-trial persons as well as witnesses, are analysed. The BNS incorporates provisions aimed at expediting justice, enhancing protections, and ensuring dignity to the victims. These include stricter punishments for offences like rape and sexual harassment and improved mechanisms for victim compensation. However, concerns about potential gaps, such as subjective interpretations of consent or challenges in implementation, remain significant. The rights of the accused are also recalibrated under the BNS. While the law seeks to balance punishment with due process, questions arise about whether procedural safeguards adequately prevent misuse and wrongful convictions. Provisions such as shifting burdens of proof and mandatory minimum sentences for certain offences may conflict with the presumption of innocence and the principle of proportionality. Witnesses, often neglected in traditional frameworks, gain some protection under the BNS through provisions to shield their identities and reduce harassment. However, systemic challenges like delays, intimidation, and lack of support mechanisms persist, potentially undermining these measures. This study evaluates the BNS through the lens of criminal jurisprudence, considering doctrines such as mens rea, proportionality, and due process, and juxtaposes these with constitutional values like equality, dignity, and fairness. While the BNS strives to modernize and streamline sexual offence laws, it also raises critical debates about harmonizing punitive measures with rehabilitative goals, ensuring gender neutrality, and preventing the weaponization of laws. In conclusion, while the Bhartiya Nyaya Sanhita, 2023 represents a progressive step in redefining the legal framework for addressing sexual offences, its ultimate impact will depend on consistent interpretation by the judiciary, robust enforcement mechanisms, and complementary societal reforms.

Research Inspiration

A Socio Legal Analysis of Drug Abuse and Drug Trafficking in India

Impact of the Bhartiya Nyaya Sanhita, 2023 Relating to Sexual Offences: A Study of Its Effects on Victims, Accused, and Witnesses in the Light of Criminal Jurisprudence and Constitutional Principles