section 101
Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected
The Mental Healthcare Act, 2017Health2017126 sections
Statutory text
- (1) Where any officer in charge of a police station has reason to believe that any person with mental illness, who is residing in a private residence, is being ill-treated or neglected, such officer shall report the fact to the Magistrate.
- (2) Upon receipt of a report under sub-section (1), the Magistrate may pass an order directing the medical officer in charge of the nearest mental health establishment to inspect the person with mental illness and to submit a report to him as to whether such person is being ill-treated or neglected and whether he is a person with mental illness.
- (3) If the Magistrate, after analysis of the report of the medical officer under sub-section (2), has reason to believe that the person is being ill-treated or neglected and is a person with mental illness, the Magistrate may pass an order requiring the person in charge of the private residence to take proper care of such person with mental illness.
- (4) If the person in charge of the private residence fails to comply with the order of the Magistrate, the Magistrate may order the person with mental illness to be admitted to a mental health establishment, if the medical officer in charge of such establishment thinks it necessary.
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