Bare Acts

PART II Admission under special circumstances


19. Admission of mentally ill persons under certain special circumstances.—(1) 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 inpatient 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 inpatient shall be kept in the psychiatric hospital or
psychiatric nursing home as an inpatient for a period exceeding ninety days except in accordance with the
other provisions of this Act.
(2) 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 inpatient 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.
(3) 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.
(4) 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 provisions of this Act.

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