The Indian Lunacy Act 1912, 4 of 1912, (Rep., Act 14 of 1987) · I — .

Section 3. In this Act, unless there is anything repugnant in the subject or context,

Repealed or not in force · As amended up to 2026-08

(4) "criminal lunatic" means any person for whose confinement in, or removal to an asylum, jail or other place of safe custody an order has been made in accordance with the provisions of section 466 or section 471 of the Code of Criminal Procedure, 1898, or of section 30 of the Prisoners Act, 1900: (9) "prescribed" means prescribed by this Act or by rule made thereunder: (8) "medical practitioner" means a holder of a qualification to practise medicine and surgery which can be registered in the United Kingdom in accordance with the law for the time being in force for the registration of medical practitioners, and includes any person declared by general or special order of the Local Government to be a medical practitioner for the purposes of this Act: (1) "asylum" means an asylum for lunatics established or licensed by Government: (7) "medical officer" means a gazetted medical officer of Government, and includes a medical practitioner declared by general or special order of the Local Government to be a medical officer for the purposes of this Act: (12) "rule" means a rule made under this Act. (6) "Magistrate" means a Presidency Magistrate, District Magistrate, Sub-Divisional Magistrate or a Magistrate of the first class specially empowered by the Local Government to perform the functions of a Magistrate under this Act: (5) "lunatic" means an idiot or person of unsound mind: (2) A person detained in an asylum under a reception order made under section 12 shall be detained therein until he is discharged therefrom in accordance with the military regulations in force for the time being, or until the officer making the order applies for his transfer to the military authorities in view to his removal to England. (10) "reception order" means an order made under the provisions of this Act for the reception into an asylum of a lunatic other than a lunatic so found by inquisition: (11) "relative" includes any person related by blood, marriage or adoption: and 33. When any relative or friend of a lunatic detained in any asylum under the provisions of sections 14, 15 or 17 is desirous that such lunatic shall be delivered over to his care and custody, he may make application to the authority under whose order the lunatic is detained, and such authority, if it thinks fit, in consultation with the person in charge of the asylum and with the visitors or with one of them being a medical officer, and upon such relative or friend entering into a bond with or without sureties for such sum of money as the said authority thinks fit conditioned that such lunatic shall be properly taken care of and shall be prevented from doing injury to himself or to others, may make an order for the discharge of such lunatic, and such lunatic shall thereupon be discharged. 3. I formed this conclusion on the following grounds, viz.: (a) Facts indicating insanity observed by myself, viz.: (b) Other facts (if any) indicating insanity communicated to me by others, viz.:—Here state the information and from whom. (Sd.) C. D. (Designation as above.) FORM 4. Reception Order in case of Lunatic Soldier. (See section 12.) Whereas it appears to me that A. B., a European, subject to the Army Act, who has been declared a lunatic in accordance with [¹] Insert residence of patient. [²] Insert qualification to practise medicine and surgery registrable in the United Kingdom. [³] Insert place of examination. [⁴] Omit this where only one certificate is required. 1912.] Lunacy. 73 (Schedule I.—Forms) with the provisions of the military regulations, should be removed to an asylum, I do hereby authorize you to receive the said A. B. into your asylum. (Sd.) E. F. (Administrative Medical Officer.) To [¹] FORM 5. *Reception Order in case of wandering or dangerous lunatics or lunatics not under proper control or cruelly treated (sent to an asylum established by Government).* (See sections 14, 15, 17.) I, C. D., Presidency Magistrate of [or Commissioner of Police for ] [or the District Magistrate of or the Sub-divisional Magistrate of or a Magistrate specially empowered, by Government under Act IV of 1912] having caused A. B. to be examined by E. F., a Medical Officer under the Indian Lunacy Act, 1912, and being satisfied that A. B. [describing him] is a lunatic who was wandering at large [or is a person dangerous by reason of lunacy] [or is a lunatic not under proper care and control or is cruelly treated or neglected by the person having the care or charge of him] and a proper person to be taken charge of and detained under care and treatment, hereby direct you to receive the said A. B. into your asylum. (Sd.) C. D. (Designation as above.) Dated the To the officer in charge of the asylum at FORM 6. *Same when sent to a licensed asylum.* I, C. D., [as above down to "care and treatment"] and being satisfied with the engagement entered into in writing by G. H. of [here insert address and description] who has desired that the said A. B. may be sent to the asylum at [here insert description of asylum and name of the person in charge] to pay the cost of maintenance of the said A. B., in the said asylum, [¹] To be addressed to the person in charge of an asylum duly authorized by Government to receive lunatic Europeans subject to the Army Act. Lunacy. [ACT IV (Schedule I.—Forms.) asylum, hereby authorize you to receive the said A. B. into your asylum. (3) "District Court" means the principal Civil Court of original jurisdiction in any area outside the local limits for the time being of the Presidency-towns: (Sd.) C. D. (Designation as above.) Dated this To the person in charge of the asylum at FORM 7. *Bond on the making over of a lunatic to the care of relative or friend.* *(See sections 14, 15, 17.)* Whereas A. B., son of , inhabitant of , has been brought up before C. D., a Presidency Magistrate for the town of [or Commissioner of Police for ] [or the District Magistrate of , or a Magistrate of the first class specially empowered under Act IV of 1912] and is a lunatic who is believed to be dangerous [or deemed to be a lunatic who is not under proper care and control or is cruelly treated or neglected by the person having the charge of him] and whereas I, E. F., son of , inhabitant of , have applied to the Magistrate [or Commissioner of Police] that the said A. B. may be delivered to my care: I, E. F., abovenamed hereby bind myself that on the said A. B. being made over to my care, I will have the said A. B. properly taken care of and prevented from doing injury to himself or to others: and in case of my making default therein, I hereby bind myself to forfeit to His Majesty the King-Emperor of India, the sum of rupees Dated this day of 19 . (Sd.) E. F. *(Where a bond with sureties is to be executed add)*—We do hereby declare ourselves sureties for the abovenamed E. F. that he will, on the aforesaid A. B. being made over to his care, have the said A. B. properly taken care of and prevented from doing injury to himself or to others; and in case of the said E. F. making default therein, we bind ourselves, jointly and severally, to forfeit to His Majesty the King-Emperor of India, the sum of rupees Dated this day of 19 . (Signature.) FORM 1912.] Lunacy. 75 (Schedule I.—Forms.) FORM 8. *Bond on the discharge of a lunatic from an asylum on the undertaking of relative or friend to take due care.* (See section 33.) Whereas A. B., son of __________, inhabitant of __________, is a lunatic who is now detained in the asylum at __________ under an order made by C. D., a Presidency Magistrate for the town of __________ [or Commissioner of Police for __________] [or the __________ District Sub-divisional Magistrate of __________, or a Magistrate of the first class specially empowered under Act IV of 1912] under section 14 [or section 15] of Act IV of 1912, and whereas I. E. F., son of __________, inhabitant of __________, have applied to the said Magistrate [or Commissioner of Police] that the said A. B. may be delivered to my care and custody: I hereby bind myself that on the said A. B. being made over to my care and custody, I will have him properly taken care of and prevented from doing injury to himself or to others; and in case of my making default therein, I hereby bind myself to forfeit to His Majesty the King-Emperor of India, the sum of rupees __________. Dated this __________ day of __________ 19 __________. (Sd.) E. F. (Where a bond with sureties is to be executed add)—We do hereby declare ourselves sureties for the abovenamed E. F. that he will, on the aforesaid A. B. being delivered to his care and custody, have the said A. B. properly taken care of and prevented from doing injury to himself or to others; and in case of the said E. F. making default therein, we bind ourselves, jointly and severally, to forfeit to His Majesty the King-Emperor of India, the sum of rupees __________. Dated this __________ day of __________ 19 __________. (Signature.)

Source: India Code