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In force

The Mental Healthcare Act, 2017

126 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. I — PRELIMINARY
  3. 1Short title, extent and commencement
  4. 2Definitions
  5. II — MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS
  6. 3Determination of mental illness
  7. 4Capacity to make mental healthcare and treatment decisions
  8. III — ADVANCE DIRECTIVE
  9. 5Advance directive
  10. 6Manner of making advance directive
  11. 7Maintenance of online registe
  12. 8Revocation, amendment or cancellation of advance directive
  13. 9Advance directive not to apply to emergency treatment
  14. 10Duty to follow advance directive
  15. 11Power to review, alter, modify or cancel advance directive
  16. 12Review of advance directives
  17. 13Liability of medical health professional in relation to advance directive
  18. IV — NOMINATED REPRESENTATIVE
  19. 14Appointment and revocation of nominated representative
  20. 15Nominated representative of minor
  21. 16Revocation, alteration, etc., of nominated representative by Board
  22. 17Duties of nominated representative
  23. V — RIGHTS OF PERSONS WITH MENTAL ILLNESS
  24. 18Right to access mental healthcare
  25. 19Right to community living
  26. 20Right to protection from cruel, inhuman and degrading treatment
  27. 21Right to equality and non-discrimination
  28. 22Right to information
  29. 23Right to confidentiality
  30. 24Restriction on release of information in respect of mental illness
  31. 25Right to access medical records
  32. 26Right to personal contacts and communication
  33. 27Right to legal aid
  34. 28Right to make complaints about deficiencies in provision of services
  35. VI — DUTIES OF APPROPRIATE GOVERNMENT
  36. 29Promotion of mental health and preventive programmes
  37. 30Creating awareness about mental health and illness and reducing stigma associated with mental illness
  38. 31Appropriate Government to take measures as regard to human resource development and training, etc
  39. 32Co-ordination within appropriate Government
  40. VII — CENTRAL MENTAL HEALTH AUTHORITY
  41. 33Establishment of Central Authority
  42. 34Composition of Central Authority
  43. 35Term of office, salaries and allowances of chairperson and members
  44. 36Resignation
  45. 37Filling of vacancies
  46. 38Vacancies, etc., not to invalidate proceedings of Central Authority
  47. 39Member not to participate in meetings in certain cases
  48. 40Officers and other employees of Central Authority
  49. 41Functions of chief executive officer of Central Authority
  50. 42Transfer of assets, liabilities of Central Authority
  51. 43Functions of Central Authority
  52. 44Meetings of Central Authority
  53. VIII — STATE MENTAL HEALTH AUTHORITY
  54. 46Composition of State Authority
  55. 47Term of office, salaries and allowances of chairperson and other members
  56. 48Resignation
  57. 49Filling of vacancies
  58. 50Vacancies, etc., not to invalidate proceedings of State Authority
  59. 51Member not to participate in meetings in certain cases
  60. 52Officers and other employees of State Authority
  61. 53Functions of chief executive officer of State Authority
  62. 54Transfer of assets, liabilities of State Authority
  63. 55Functions of State Authority
  64. 56Meetings of State Authority
  65. IX — FINANCE, ACCOUNTS AND AUDIT
  66. 57Grants by Central Government to Central Authority
  67. 58Central Mental Health Authority Fund
  68. 59Accounts and audit of Central Authority
  69. 60Annual report of Central Authority
  70. 61Grants by State Government
  71. 62State Mental Health Authority Fund
  72. 63Accounts and audit of State Authority
  73. 64Annual report of State Authority
  74. X — MENTAL HEALTH ESTABLISHMENTS
  75. 65Registration of mental health establishment
  76. 66Procedure for registration, inspection and inquiry of mental establishments
  77. 67Audit of mental health establishment
  78. 68Inspection and inquiry
  79. 69Appeal to High Court against order of Authority
  80. 70Certificates, fees and register of mental health establishments
  81. 71Maintenance of register of mental health establishment in digital format
  82. 72Duty of mental health establishment to display information
  83. XI — MENTAL HEALTH REVIEW BOARDS
  84. 73Constitution of Mental Health Review Boards
  85. 74Composition of Board
  86. 75Terms and conditions of service of chairperson and members of Board
  87. 76Decisions of Authority and Board
  88. 77Applications to Board
  89. 78Proceedings before Board to be judicial proceedings
  90. 79Meetings
  91. 80Proceedings before Board
  92. 81Central Authority to appoint Expert Committee to prepare guidance document
  93. 82Powers and functions of Board
  94. 83Appeal to High Court against order of Authority or Board
  95. 84Grants by Central Government
  96. XII — ADMISSION, TREATMENT AND DISCHARGE
  97. 85Admission of person with mental illness as independent patient in mental health establishment
  98. 86Independent admission and treatment
  99. 87Admission of minor
  100. 88Discharge of independent patients
  101. 89Section 89
  102. 90Section 90
  103. 91Leave of absence
  104. 92Absence without leave or discharge
  105. 93Transfer of persons with mental illness from one mental health establishment to another mental healt
  106. 94Emergency treatment
  107. 95Prohibited procedures
  108. 96Restriction on psychosurgery for persons with mental illness
  109. 97Restraints and seclusion
  110. 98Discharge planning
  111. 99Research
  112. XIII — RESPONSIBILITIES OF OTHER AGENCIES
  113. 100Duties of police officers in respect of persons with mental illness
  114. 101Report to Magistrate of person with mental illness in private residence who is ill-treated or neglec
  115. 102Conveying or admitting person with mental illness to mental health establishment by Magistrate
  116. 103Prisoners with mental illness
  117. 104Persons in custodial institutions
  118. 105Question of mental illness in judicial process
  119. XIV — RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONAL NOT COVERED BY PROFESSION
  120. 106Restriction to discharge functions by professionals not covered by profession
  121. XV — OFFENCES AND PENALTIES
  122. 107Penalties for establishing or maintaining mental health establishment in contravention of provisions
  123. 108Punishment for contravention of provisions of the Act or rules or regulations made thereunder
  124. 109Offences by companies
  125. XVI — MISCELLANEOUS
  126. 110Power to call for information
  127. 111Power of Central Government to issue directions
  128. 112Power of Central Government to supersede Central Authority
  129. 113Power of State Government to supersede State Authority
  130. 114Special provisions for States in north-east and hill States
  131. 115Presumption of severe stress in case of attempt to commit suicide
  132. 116Bar of jurisdiction
  133. 117Transitory provisions
  134. 118Chairperson, members and staff of Authority and Board to be public servants
  135. 119Protection of action taken in good faith
  136. 120Act to have overriding effect
  137. 121Power of Central Government and State Governments to make rules
  138. 122Power of Central Authority to make regulations
  139. 123Power of State Authority to make regulations
  140. 124Laying of rules and regulations
  141. 125Power to remove difficulties
  142. 126Repeal and saving