GUILTY BY DEFAULT: THE REVERSE BURDEN OF PROOF IN DRUG OFFENCE CASES

Abstract

In order to curb drug abuse, the Narcotic Drugs and Psychotropic Substances Act of 1985 made it illegal to manufacture, distribute, transport, or consume narcotics and psychotropic substances. While these substances may have legitimate medical use, the Act imposes strict conditions on their handling. Unlike typical criminal laws where the burden lies with the prosecution, the NDPS Act introduces a “reverse burden” under Sections 35 and 54 requiring the accused to prove their innocence once the prosecution establishes certain foundational facts. This deviation raises concerns about constitutional rights, particularly under Articles 14 and 21. Additionally, rigid bail conditions often result in extended pre-trial detention. This paper evaluates the legal and constitutional challenges of these provisions and proposes reforms for a balanced legal approach.