45. Leave of absence.—(1) An application for leave of absence on behalf of any mentally ill person
(not being a mentally ill prisoner) undergoing treatment as an inpatient in any psychiatric hospital or
psychiatric nursing home may be made to the medical officer in charge,—
(a) in the case of a person who was admitted on the application of the husband or wife, by the
husband or wife of such mentally ill person, or where by reason of mental or physical illness, absence
from India or otherwise, the husband or wife is not in a position to make such application, by any
other relative of the mentally ill person duly authorised by the husband or wife, or
(b) in the case of any other person, by the person on whose application the mentally ill person
was admitted:
Provided that no application under this sub-section shall be made by a person who has not attained the
age of majority.
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(2) Every application under sub-section (1) shall be accompanied by a bond, with or without sureties
for such amount as the medical officer in charge may specify, undertaking—
(i) to take proper care of the mentally ill person,
(ii) to prevent the mentally ill person from causing injury to himself or to others, and
(iii) to bring back the mentally ill person to the psychiatric hospital or, as the case may be,
psychiatric nursing home, on the expiry of the period of leave.
(3) On receipt of an application under sub-section (1), the medical officer in charge may grant leave
of absence to the mentally ill person for such period as the medical officer in charge may deem necessary
and subject to such conditions as may, in the interests of the health and personal safety of the mentally ill
person or for the protection of others, be specified in the order:
Provided that the total number of days for which leave of absence may be granted to a patient under
this sub-section shall not exceed sixty days.
(4) Where the mentally ill person is not brought back to the psychiatric hospital or psychiatric nursing
home on the expiry of the leave granted to him under this section, the medical officer in charge shall
forthwith report that fact to the Magistrate within the local limits of whose jurisdiction such hospital or
nursing home is situate and the Magistrate may, after making such inquiry as he may deem fit, make an
order directing him to be brought back to the psychiatric hospital or psychiatric nursing home, as the case
may be.
(5) Nothing contained in this section shall apply to a voluntary patient referred to in section 15 or
section 16 and the provisions of section 18 shall apply to him.
46. Grant of leave of absence by magistrate.—(1) Where the medical officer in charge refuses to
grant leave of absence to a mentally ill person under section 45, the applicant may apply to the Magistrate
within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein
the mentally ill person is detained is situate, for the grant of leave of absence to the mentally ill person
and the Magistrate may, if he is satisfied that it is necessary so to do, and on the applicant entering into a
bond in accordance with the provisions of sub-section (2), by order, grant leave of absence to the mentally
ill person for such period and subject to such conditions as may be specified in the order.
(2) Every bond referred to in sub-section (1) shall be with or without sureties and for such amount as
the Magistrate may decide and shall contain the undertaking referred to in sub-section (2) of section 45.
(3) The Magistrate shall forward a copy of his order to the medical officer in charge and on receipt of
such order the medical officer in charge shall entrust the mentally ill person to the person on whose
application the leave of absence was granted under this section.