40. Order of discharge by medical officer in charge.—(1) Notwithstanding anything contained in
Chapter IV, the medical officer in charge of a psychiatric hospital or psychiatric nursing home may, on
the recommendation of two medical practitioners one of whom shall preferably by a psychiatrist, by order
in writing, direct the discharge of any person, other than a voluntary patient detained or undergoing
treatment therein as an inpatient, and such person shall thereupon be discharged from the psychiatric
hospital or psychiatric nursing home:
Provided that no order under this sub-section shall be made in respect of a mentally ill prisoner
otherwise than as provided in section 30 of the Prisoners Act, 1990 (3 of 1990) or in any other relevant
law.
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(2) Where any order of discharge is made under sub-section (1) in respect of a person who has been
detained or is undergoing treatment as inpatient in pursuance of an order of any authority, a copy of such
order shall be immediately forwarded to that authority by the medical officer in charge.
41. Discharge of mentally ill persons on application.—Any person detained in psychiatric hospital
or psychiatric nursing home under an order made in pursuance of an application made under this Act,
shall be discharged on an application made in that behalf to the medical officer in charge by the person on
whose application the order was made:
Provided that no person shall be discharged under this section if the medical officer in charge certifies
in writing that the person is dangerous and unfit to be at large.
42. Order of discharge on the undertaking of relatives or friends, etc., for due care of mentally
ill person.—(1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or
psychiatric nursing home under section 22, section 24 or section 25 desires that such person shall be
delivered over to his care and custody, he may make an application to the medical officer in charge who
shall forward it together with his remarks thereon to the authority under those orders the mentally ill
person is detained.
(2) Where an application is received under sub-section (1), the authority shall, on such relative or
friend furnishing a bond, with or without sureties, for such amount as such authority may specify in this
behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill
person shall be prevented from causing injury to himself or to others, make an order of discharge and
thereupon the mentally ill person shall be discharged.
43. Discharge of person on his request.—(1) Any person (not being a mentally ill prisoner) detained
in pursuance of an order made under this Act who feels that he has recovered from his mental illness, may
make an application to the Magistrate, where necessary under the provisions of this Act, for his discharge
from the psychiatric hospital or psychiatric nursing home.
(2) An application made under sub-section (1) shall be supported by a certificate either from the
medical officer in charge of the psychiatric hospital or psychiatric nursing home where the applicant is
undergoing treatment or from a psychiatrist.
(3) The Magistrate may, after making such inquiry as he may deem fit, pass an order discharging the
person or dismissing the application.
44. Discharge of person subsequently found on inquisition to be of sound mind.—If any person
detained in a psychiatric hospital or psychiatric nursing home in pursuance of a reception order made
under this Act is subsequently found, on an inquisition held in accordance with the provisions of
Chapter VI, to be of sound mind or capable of taking care of himself and managing his affairs, the
medical officer in charge shall forthwith, on the production of a copy of such finding duly certified by the
District Court, discharge such person from such hospital or nursing home.