Person of unsound mind.
Suresh Babu Rai
(Querist) 19 February 2015
This query is : Resolved
Good evening Sir!
One of my client approached me that he is having son aged 23 years. He is insane by birth and his attitude has reached proportionate levels. He used to roam on the roads undressed. He bits everybody. Many occasion he tired to set fire to the house of my client. Even I personally examined him and found that he is in abnormal condition suffering with lunacy. I have advised my client to lodge a complaint before the police to handover the custody of his son for public safety.
The police twice or thrice caught the son of my client, who is a person of unsound mind but dropped at the house of my client without taking any action. I have called the police to send him for treatment in to a mental hospital, but the police ignored the same.
The SHO, PS requesting me to approach the court of law for proper direction to him against the lunatic. I have stated that no such provision is available in the IPC for such direction. I have also requested him to initiate proceedings under IPC suo moto against the said person.
That my client requesting me to file a complaint before the court for such direction in spite of admitting his son in to the hospital directly.
Please advice me suitably.
Thanking you,
prabhakar singh
(Expert) 19 February 2015
Please go through provisions laid in THE MENTAL HEALTH ACT, 1987
(No. 14 of 1987)1
more particularly sections 16,19,21 and section 22 to find out which is relevant to your facts of case.
You may revert back on confusion.
Suresh Babu Rai
(Querist) 19 February 2015
Thank you sir, I'll go through the same and will find the solution.
Rajendra K Goyal
(Expert) 20 February 2015
The sections referred by expert prabhakar singh ji are given as under for reference.
16. REQUEST BY GUARDIAN FOR ADMISSION OF A WARD-
Where the guardian of a minor considers such minor to be a mentally ill person and desires to admit such minor in any psychiatric hospital or psychiatric nursing home for treatment, he may request the medical officer-in-charge for admitting such minor as a voluntary patient.
19. ADMISSION OF MENTALLY ILL PERSONS UNDER CERTAIN SPECIAL CIRCUMTANCES-
Any mentally ill persons who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an in-patient in a psychiatric nursing hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill persons if the medical officers-in-charge is satisfied that in the interest of the mentally ill persons it is necessary so to do:
21. ADMISSION OF MENTALLY ILL PERSONS UNDER CERTAIN SPECIAL CIRCUMSTANCES-
• Any mentally ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an in-patient in a psychiatric hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill person if the medical officer-in-charge is satisfied that in the interests of the mentally ill person it is necessary so to do;
Provided that no person so admitted as an in-patient shall be kept in the psychiatric hospital or psychiatric nursing home as an in-patient for a period exceeding ninety days except in accordance with the other provisions of the Act.
o Every application under sub-section (1) shall be in the prescribed form and be accompanied by two medical certificates, from two medical practitioners of whom one shall be a medical practitioner in the service of Government, to the effect that the condition of such mentally ill person is such that he should be kept under observation and treatment as an in-patient in a psychiatric hospital or psychiatric nursing home;
Provided that the medical officer, in charge of the psychiatric hospital or psychiatric nursing home concerned may, if satisfied that it is proper so to do, cause a mentally ill person to be examined by two medical practitioners working in the hospital or in the nursing home instead of requiring such certificates.
o Any mentally ill person admitted under sub-section (1) or his relative or friend may apply to the Magistrate for his discharge and the Magistrate may, after giving notice to the person at whose instance he was admitted to the psychiatric hospital or psychiatric nursing home and after making such inquiry as he may deem fit either allow or dismiss the application.
o The provisions of the foregoing sub-section shall be without prejudice to the powers exercisable by a Magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this Act, to pass a reception order, if he is satisfied that it is necessary so to do in accordance with the relevant provision of this Act.
22. APPLICATION FOR RECEPTION ORDER
• An application for a reception order may be made by -
o The medical officer-in-charge of a psychiatric hospital or psychiatric nursing home, or
o By the husband, wife or any other relative of the mentally ill person.
• Where a medical officer-in-charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill- person is undergoing treatment under a temporary treatment order is satisfied that -
o The mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or as the case may be, psychiatric nursing home is required to be continued for more than six months, or
o It is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home.
o He may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill-person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.
o Subject to the provisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill-person under a reception order in a psychiatric hospital or psychiatric nursing home.
o Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made.
o No person -
 Who is a minor, or
 Who , within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application under this section.
• Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.
ajay sethi
(Expert) 20 February 2015
agree with prabhakar singhji
Suresh Babu Rai
(Querist) 20 February 2015
Both of you thanks sir!
Moving the same, and report the result for seeking further suggestions if any!
Good night sir!
