Is Scopolamine (Devil's Breath) legal in India?

Also known as: hyoscine

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. Scopolamine appears nowhere in the Act's Schedule, the NDPS Rules, the 2013 Order or the quantity notification. The only tropane the instruments place is cocaine, through the coca derivative definition in section 2(v).

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. Hyoscine butylbromide and hyoscine hydrobromide are dispensed in India as Schedule H prescription drugs under the Drugs and Cosmetics Act and its Rules, a marker that is not printed in the quoted extract from the NDPS instruments, so selling them without a prescription is a medicines offence, and where the drug is used criminally as a sedative the charge comes from the general criminal law rather than from this Act. 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 an ordinary Indian prescription and over-the-counter medicine for motion sickness; carry the packaging, and patches are widely available locally.

Documentation

Hyoscine butylbromide is one of the most widely sold antispasmodics in India, which is a practical reason its absence from the NDPS lists is unsurprising. 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.

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.