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Advise drug or substance use legal implications
09-Jun-2026 (In Criminal Law)
I am working as Employee in a private company. I 1. Would like to know if an employee caught using drug outside office premises (within the building where office has a shared space) whether an employer has a reporting obligation to police?
2. Will there be any legal implications for arrest if a hrbp signs the show cause notice and termination notice of such matters , just in case if such matters gets escalated outside for the failire of non reporting?
An employer does not generally have a legal obligation to report every instance of suspected drug use by an employee unless a specific law, licence condition, or workplace policy imposes such a duty. Whether criminal liability arises depends on the facts, including the nature of the substance, possession, use, and the employer's knowledge or involvement. Merely signing a show-cause notice or termination order after a domestic inquiry would not ordinarily expose an HRBP to arrest, provided they acted in good faith within the scope of their employment and were not involved in concealing or facilitating any offence. The exact legal position may vary depending on the circumstances and evidence available.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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yes if you are caught with drugs anywhere you may be arrested. if you are arrested within office premises or place belongs to your office. your company has the rights to take action against you for the unethical activity done by you.
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Adv. Balaji T
Chennai | 25+ Answers
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