Sports Ministry Proposes Amendments to National Anti-Doping Act

The Ministry of Youth Affairs and Sports has issued a public consultation notice proposing amendments to the National Anti-Doping Act, 2022, aimed at strengthening India’s anti-doping enforcement framework by introducing criminal penalties for organised doping-related activities. The proposed amendments seek to criminalise trafficking, illegal supply, administration and commercial distribution of prohibited substances and methods in sports.

Subsequently, in its press release, the Ministry clarified that the amendments are intended to target traffickers, organised syndicates, illegal suppliers and unscrupulous support personnel, while ensuring that athletes themselves are not criminalised merely for anti-doping rule violations or positive tests.

The National Anti-Doping (Amendment) Bill, 2025 was introduced in the Lok Sabha on July 23, 2025, alongside the National Sports Governance Bill, 2025 to streamline the National Anti-Doping Act, 2022, by aligning it with global best practices and the World Anti-Doping Code.

Under the proposed framework, a new Chapter VIA titled “Offences & Penalties” would be inserted into the Act. Proposed Section 25A provides that the chapter would apply to any person “committing, aiding or abetting” activities specified under Section 25B. The provision additionally extends to acts committed outside India which, if committed domestically, would constitute offences under the Act.

Proposed Criminal Offences and Penalties (Section 25B)

The proposed Section 25B criminalises trafficking, selling, dispensing, marketing, placing on the market, prescribing, administering or applying prohibited substances or prohibited methods “for the purpose of or in connection with doping in sport.” Such offences may attract imprisonment of up to five years, fines extending up to ₹2 lakh, or both.

Enhanced penalties have been proposed where offences involve athletes below eighteen years of age or are committed commercially or through organised crime syndicates. In such cases, imprisonment may extend up to ten years, along with fines up to ₹5 lakh. The draft adopts the definition of “organised crime syndicate” from Section 111 of the Bharatiya Nyaya Sanhita, 2023, which refers to a group of two or more persons acting collectively as a syndicate or gang to engage in organised criminal activities

The amendments also introduce liability for non-compliance with labelling requirements prescribed by the Central Government, may face imprisonment of up to three years, fines extending up to ₹2 lakh, or both.

Advertisement and Paid Promotion (Section 25D)

Advertisements, endorsements, commission-based promotions or suggestive descriptions promoting prohibited substances or methods may attract imprisonment of up to one year, fines up to ₹1 lakh, or both.  

The provision adopts the definition of “advertisement” under Section 2(1) of the Consumer Protection Act, 2019 which defines advertisement as “any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents.”

The provision further clarifies that “paid promotion” includes promotion or encouragement for consideration, including through commission, such as naming or suggestive descriptions of prohibited substances or prohibited methods.

Corporate Liability and Compliance Obligations (Section 25E)

The amendments introduce corporate criminal liability for offences committed by companies. Every person responsible for the conduct of the company’s business, along with the company itself, may be deemed guilty, subject to a due diligence defence where lack of knowledge or reasonable preventive measures are established. Liability may additionally extend to directors, managers or officers where offences occur with their consent, connivance or negligence.

The explanation to Section 25E clarifies that “company” includes firms and associations of individuals, while “director” in relation to a firm includes a partner.

Safeguards for Athletes and Medical Practitioners (Section 25C)

Proposed Section 25C exempts actions involving athletes possessing valid Therapeutic Use Exemptions (TUEs). Registered medical practitioners acting in good faith during emergency or urgent medical treatment would also remain exempt from liability.

The amendment further provides that the expression “registered medical practitioner” shall mean a practitioner registered under the provisions of the National Medical Commission Act, 2019, and clarifies that the athlete shall be responsible for applying for a retroactive Therapeutic Use Exemption. The proposal excludes liability of persons acting under valid licences governing lawful sale of prohibited substances.

Search, Seizure and Investigative Powers (Sections 25F–25I)

Proposed Section 25F empowers authorised officers to search individuals, buildings, vehicles, conveyances or places where there exists “reason to believe” that offences under Chapter VIA have been or are being committed. Officers may seize prohibited substances, documents and evidence, including substances found “in transit” or in “public places,” which are broadly defined to include hotels, shops, competitions and public conveyances.

The draft incorporates procedural safeguards governing searches, including production before a Gazetted Officer or Magistrate, witness requirements and protections for female individuals subjected to searches.

The amendments also introduce provisions permitting voluntary reporting of information relating to offences under Section 25G and mandate confidentiality regarding the identity and existence of persons making such reports. Further, Section 25H empowers the Agency or Central Government to direct athletes, athlete support personnel or other persons to furnish records and information relevant to pending or apprehended proceedings.

Proposed Section 25I further provides that offences under the proposed chapter would be cognizable and non-bailable, triable exclusively by a Court of Session. Prosecution may only be instituted by the National Anti-Doping Agency or officers authorised by the Central or State Government. The provisions would additionally operate “in addition to and without prejudice” to liabilities arising under other applicable laws.