The Bharatiya Nyaya Sanhita, 2023 (BNS) does not supersede the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The BNS serves as the new general penal code, taking the place of the Indian Penal Code (IPC). The NDPS Act is a Special Law specifically crafted to address drug-related offences, and it remains the principal statute governing all facets of drug cases (including manufacture, possession, sale, transport, consumption, etc.) in India.

Nevertheless, the BNS may intersect with the NDPS Act in one particular domain:

BNS Section 111: Organized Crime

The BNS introduces a distinct provision for Organized Crime under Section 111. This new section encompasses a broad spectrum of illegal activities conducted on behalf of a crime syndicate.

Importantly, the definition of “Organized Crime” under Section 111 of the BNS explicitly incorporates crimes associated with the trafficking of:

• Drugs
• Weapons or illicit substances

This indicates that while the fundamental offence and penalties for illegal drug possession and trafficking are delineated under the NDPS Act, participating in such trafficking as part of a syndicate or ongoing organized criminal activity may now also incur the significantly more severe penalties outlined in Section 111 of the BNS for organized crime.

Implication

The BNS effectively functions as an aggravated law for drug-related offences when they are perpetrated as part of a complex, organized enterprise, thereby substantially elevating the potential punishment beyond what the NDPS Act alone might stipulate.

In conclusion: The NDPS Act remains applicable for all drug offences, but organized drug trafficking can be prosecuted and penalized under the new organized crime provisions of the BNS.