Juvenile Offenders And Narcotic Crimes In India: A Critical Analysis Of Legislative Overlap Under The NDPS And JJ Acts
- IJLLR Journal
- Dec 28, 2025
- 2 min read
Nehal Sharma, BBA LLB (Hons.), MIT World Peace University
ABSTRACT
Application of NDPS Act, 1985, along with the Juvenile Justice (Care and Protection of Children) Act, 2015, raises fundamental questions regarding how the Indian legal system should deal with a minor found involved in drug- related offenses. While NDPS Act is based on 'strict liability' with harsh punishment in order to control the drug menace, no differentiation is made in it between adult and juvenile offenders. On the other hand, the Juvenile Justice Act, 2015, lays emphasis on rehabilitation, protection, and social reintegration. This brings into play a divergence at the procedural and philosophical level. The juveniles accused of drug offenses come under the category of "heinous offenses" and have a chance to be tried as adults, basically opposite to the goals of juvenile law. The paper discusses these legislative inconsistencies through statutory interpretation and relevant case law, including Raju v. State of Haryana and Union of India v. Kuldeep Singh Gill, in light of international standards such as the UN Convention on the Rights of the Child. This paper shows that there is a lacuna regarding the incorporation of juvenile-sensitive provisions in the NDPS framework and gives instances regarding problems related to bail, investigation, and rehabilitation. Thus, it points out the need for legislative harmonization and inter-agency coordination. The study finds that, besides other procedural safeguards like psychological evaluation and de-addiction support, the NDPS Act should have a juvenile-specific exception clause. The strengthening of rehabilitation infrastructure and making preventive education part of the school system will further bring the drug control policy in tune with the constitutional vision of restorative juvenile justice in India.
Keywords: NDPS Act, Juvenile Justice Act, Juvenile Offenders, Drug Abuse, Rehabilitation, Heinous Offences, Restorative Justice, Legal Reform
