PRESCRIPTION DRUG ABUSE IN INDIA

AUTHOR – SNEHA.P.V* & MS.T.VAISHALI**

* LAW STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR OF LAW AT DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SNEHA.P.V & MS.T.VAISHALI, PRESCRIPTION DRUG ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 836-848, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Prescription drug abuse has emerged as a significant public health and socio-legal concern across the world. While prescription medicines are essential for the treatment and management of various medical conditions, their misuse beyond the scope of medical supervision has raised serious legal, ethical, and health-related challenges. Prescription drug abuse includes the use of prescribed medicines without a valid prescription, consumption in higher doses than prescribed, prolonged use, or use for non-medical or recreational purposes. Such misuse can lead to dependence, addiction, severe health complications, and in extreme cases, death. The problem is further aggravated by factors such as easy availability of medicines, lack of awareness regarding their addictive potential, and inadequate regulatory monitoring.

From a legal perspective, prescription drug abuse presents complex challenges as it involves substances that are lawful when used for legitimate medical purposes but unlawful when misused. In India, the regulation of prescription drugs is primarily governed by the Drugs and Cosmetics Act, 1940 and the Narcotic Drugs and Psychotropic Substances Act, 1985, which aim to control the manufacture, distribution, possession, and use of drugs with abuse potential. This study adopts a doctrinal research approach to examine the concept, nature, and socio-legal implications of prescription drug abuse in India. It further analyses the criminal liability of users, medical practitioners, and pharmacists, along with the role of professional regulation in preventing misuse.

The study also evaluates relevant judicial decisions and highlights the challenges faced in the enforcement of drug control laws. It argues that although the existing legal framework provides substantial regulatory mechanisms, gaps in enforcement, over-prescription, and unauthorized sale of medicines continue to contribute to the problem. The paper concludes that addressing prescription drug abuse requires a balanced approach combining stronger regulatory oversight, professional accountability, public awareness, and rehabilitation-oriented policies. Such an integrated strategy is necessary to prevent misuse while ensuring access to essential medicines and safeguarding public health.