Not yet medically reviewed, information on this site is in preparation and has not been verified by a medical reviewer.
Legality · Caffeine

Is Caffeine legal in India?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
No Indian placement was found for it: it is not named in the Act's Schedule (list of psychotropic substances), in the NDPS Rules 1985, in the Regulation of Controlled Substances Order 2013 or in the small and commercial quantity notification. Caffeine appears nowhere in the instruments read. The stimulants the Schedule places are amphetamine at serial 16, fencamfamin at 97, mazindol at 58, pemoline at 101 and their relatives.
Consequences if caught
Section 22 of the Narcotic Drugs and Psychotropic Substances Act 1985, the NDPS Act, punishes a contravention in relation to psychotropic substances in three quantity bands. A small quantity carries rigorous imprisonment which may extend to 1 year. A quantity greater than small but less than commercial carries rigorous imprisonment which may extend to 10 years. A commercial quantity carries rigorous imprisonment of 10 to 20 years, and that lower figure is a statutory minimum rather than a starting point. The fine runs with the band: up to 10,000 rupees at small quantity, up to 1 lakh rupees in the middle band, and 1 lakh to 2 lakh rupees at commercial quantity, and the court may record reasons for a higher fine. Section 27 punishes consumption, with rigorous imprisonment up to 1 year and a fine up to 20,000 rupees for cocaine, morphine, diacetylmorphine and any substance notified in that behalf, and imprisonment up to 6 months and a fine up to 10,000 rupees for anything else. Every offence under the Act is cognizable, but the section 37 bail bar reaches only sections 19, 24 and 27A and offences involving a commercial quantity. Section 31 raises the ceiling to one and one half times after a previous conviction, and section 64A gives an addict charged under section 27 or with a small quantity immunity on completing recognised de-addiction treatment. No band applies to this row, because the quantity notification carries no entry against which a small or commercial quantity could be measured. Section 31A does not reach this row: its table names only opium, morphine, heroin, codeine, thebaine, cocaine, hashish, LSD, the listed THC isomers, methamphetamine, methaqualone and amphetamine, with their salts and preparations, and this row is not among them. Caffeine appears in seized powders sold as other things, and where it is a cutting agent note 4 of the quantity notification counts its weight toward the band of the drug it is cut with. Those figures are given because this row is placed outside that regime, so they are recorded as India's published drug penalties and not as this substance's exposure.
If prescribed or medical
It is sold as a food and as a component of over-the-counter analgesics, so no prescription is needed and none exists to carry.
Documentation
Caffeine is regulated in India as a food additive and in caffeinated beverages by the Food Safety and Standards Authority of India, a regime that is not read here. India's essential narcotic drugs for medical and scientific use, notified under section 2(viiia) by S.O. 1181(E) of 5 May 2015, are codeine, fentanyl, hydrocodone, methadone, morphine and oxycodone; a traveller carrying one should carry the prescription with the original packaging, bring only a reasonable personal quantity and declare it at customs. Tramadol was added to the Act's psychotropic Schedule in 2018 and its commercial quantity is 250 g. This absence is stated as at the Central Bureau of Narcotics consolidation of the Act and Rules labelled updated 2026, which prints the Schedule as amended through S.O. 1730(E) of 16 April 2025, read with S.O. 906(E) of 18 February 2026, and it does not rule out a later notification.
Primary sources
  • NDPS Act 1985, the Schedule (list of psychotropic substances)
  • NDPS Rules 1985
  • Regulation of Controlled Substances Order 2013
  • quantity notification S.O. 1055(E)
  • searched by name and by chemical synonym across all 264 pages of that consolidation for caffeine, with no match
  • Narcotic Drugs and Psychotropic Substances Act 1985, sections 2, 3 and 8, section 3 being the power under which the Central Government adds to or omits from the psychotropic Schedule by Official Gazette notification
  • the offence and sentencing provisions read for this cell are sections 15 to 27, with sections 31, 31A, 37, 64A, 80 and 81
  • enforcement is by the Narcotics Control Bureau (NCB) and the Central Bureau of Narcotics (CBN), under the Department of Revenue
  • Central Bureau of Narcotics consolidation of the Narcotic Drugs and Psychotropic Substances Act and Rules 1985 labelled updated 2026, which prints the Act's Schedule as amended through S.O. 1730(E) of 16 April 2025
  • the Schedule as it stands after S.O. 906(E) of 18 February 2026
  • small and commercial quantity notification S.O. 1055(E) of 19 October 2001 as amended through S.O. 1731(E) of 16 April 2025
  • cbn.gov.in
  • cbn.gov.in
  • cbn.gov.in
  • dor.gov.in
  • indiacode.nic.in
  • the publisher's own acts and rules page was read at that address on 22 September 2026 and lists no later amendment of the Schedule, which does not rule out a later notification made or commenced since.

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

Other substances confirmed in India