Mental Health Act, 1987 - Penalties and Procedure

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Chapter IX - Penalties and Procedure

82. Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing home in contravention of Chapter III

   1. Any person who establishes or maintains a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction, be punishable with impriisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the case of a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

   2. Whoever, after conviction under sub-section(1) continues to maintain a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction, be punishable with fine which may extend to one hundred rupees, for every day after the first day during which the contravention is continued.

COMMENT - This section makes provision for penalty for establishment or maintenance of psychiatric hospital/nursing home in contravention of the provisions of Chapter III.

83. Penalty for improper reception of mentally ill person

Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provision of this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.

COMMENT - This section makes provision for penalty for improper reception of mentally ill person.

84. Penalty for contravention of Secs. 60 and 69

Any manager appointed under this Act to manage the property of a mentally ill person who contravenes the provisions of Sec. 60 or sub-section (2) of Sec. 69, shall, on conviction, be punishable with fine which may extend to two thousand rupees and may be detained in a civil prison till he complies with the said provisions.

COMMENT - This section makes provision for penalty for contravention of the provisions of Secs. 60 and 69.

85. General provision for punishment of other offences

Any person who contravenes any of the provisions of this Act or of any rule or regulation made thereunder, for the contravention of which no penalty is expressly provided, in this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

COMMENT - This section makes general provision for punishment of other offences.

86. Offences by companies

   1. Where an offence under this Act has been committed by a company, every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

   2. Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liabale to be proceeded against and punished accordingly.

 EXPLANATION - For the purposes of this section -
         1. "company" means a body corporate and includes a firm or other association of individuals; and
         2. "director", in relation to a firm, means a partner in the firm.

 COMMENT - This section deals with the offences under this Act committed by companies.

 PENAL PROVISION - Penal provision is to be construed rigidly1.

87. Sanction for prosecutions

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court shall take cognizance of any offence punishable under Sec. 82, except with the previous sanction of the licensing authority.

COMMENT - Under this section previous sanction of the licensing authority has to be obtained for persecutions.

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Smitha789 

I have a sister who studied till 12th and know does not speak anything and behaves very different. In my and my dad absence my mom hits her. How can I stop this. I & dad hav tried a lot to stop but it doesnot work

mandeep.s 

Thanks for the above details,
My questions;
If a psychiatrist[ retired as colnol , senior advisor from Armed forces] is operating his clinic and he is treating a patient for 1year,
1] can he abandon or refuse the treatment to his patient.. ?
2] can he refuse to give first aid to a sudden out burst of his mentally ill patient ?
I would appreciate your response

gurgaon.anil 

my brother is admitted to a IHBAS, shahdra delhi for the past 2 months. the doctors have quoted the mental health act and informed that if we cannot keep him admitted beyond 89 days without permission from metropolitan magistrate. however, we being based in gurgaon, if we apply to our state's MM, the case will be referred to PGIMS, Rohtak and only when they give in writing that they cannot treat him, he can continue treatment at IHBAS. kindly guide me on this thank you

amitava66 

WHO IS LEGALLY BOUND TO MEET THECOST OF TREATMENT OF A MENTALLY ILL PERSON DETAINED IN A HOSPITAL UNDER MENTAL HEALTH ACT 1987?

Dr Desai 

Dear Sir/Madam,what are the minimum facilities prescribed for the admission, treatment and care of mentally ill persons in terms staff and space ratio for a psychiatric hospital under mental health act 1987 for a licence?

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