Is Heroin legal in India?

Also known as: diacetylmorphine, smack

Legal status

Controlled in India. The matched entry reads «"opium derivative" means... diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine», at section 2(xvi)(d) of the Act.

Consequences if caught

Section 21 of the Narcotic Drugs and Psychotropic Substances Act 1985, the NDPS Act, punishes a contravention in relation to manufactured drugs and preparations 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. The band for this row is set by the small and commercial quantity notification at serial 56: a small quantity is 5 g and a commercial quantity is 250 g. Note 4 of that notification applies the figure to the entire mixture or solution in dosage form and not to the pure drug content, so packaging weight and cutting agents count toward the band. Section 31A adds a discretionary death penalty, and it reaches this row: the table names it at 1 kg, and only after a previous conviction under section 19, 24 or 27A or for a commercial quantity, on a later conviction for production, manufacture, possession, transport, import, export or transhipment at or above that figure. Since 2014 the words are punishment not less than section 31 or with death, so death is available and not mandatory. Diacetylmorphine is one of the three substances section 27 names expressly, so consumption carries the higher consumption band. Those figures are given because they describe the offences that this row's placement brings into play.

If prescribed or medical

Diacetylmorphine has no Indian medical use at all, unlike in the few countries that run heroin-assisted treatment, so no prescription travels with it.

Documentation

Any preparation containing any diacetylmorphine at all is an opium derivative, with no percentage floor, unlike the 0.2 per cent. floor that applies to morphine. 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.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with India’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.