The Mental Act, 1987, 14 of 1987 (Rep., Act 10 of 2017) · IV — I

Section 23. (1) Every officer in charge of a police station,- _

Repealed or not in force · As amended up to 2026-08

23. (1) Every officer in charge of a police station,- $ 1 ) . . found wandering at large within the limits of his station (a) md3 take or cause to be taken into protection whom any pepson he has . ? : reas& to believe to be so mentally ill as to be incapable of taking . " ... " ' .. . . .. . . . . . cari-of himielf, and . . . . . .. ..[[. ]] Powers and duties of police officers `in` respect of certain ill Per??%? . . - . . " ... " ' .. . . .. . . . . . cari-of himielf, and . . . . . . . .. ..[[. ]] . dCb3: shill 'take `or` e,ausSe t s be taken into psstectrinn : a ~ y ' `6` within the limits of his station whom he has reason to believe to be .-u -vdangem.us by ,reasan of m6.nTbl illness, ; ; . . . ; ; . . . 1 . s . : t :. , ., (2). `,Jo` pewn takw jpto prokcti~n under svib-section (1 Ir shak `ba` .&zt;airted. by the .pnl~ct: .witbut being i n f a k d , as sow as m+y bq,. elf, the: q p p d a for taking him igk~ s.u@h. protection, ar where, in the ~ p i n i a ~ of the officer takj,$g the person into pro.tection, s,uch person is not.. qa.~qbk of understanding those grounds, without his relatives or friends, i f any, being;-in-f~rmsd of suela gw;un&.. . . . , - :' ~ . . .. . . ~ . . (9): Wezy D,.qrs~li! v h ~ is: %ken i n t ~ protection and- detained: gndg . . $$i-q section. shall b ~ . pradaq.@d b e f ~ r e the nearest Magistrate withim 3 period of twenty-~QW h~ms, af taking him into such protecti~p e q ~ l y w g the Gme neoessary for %he journey from the place whore he was talcen . T ~ % O ' & U Q ~ proteetion to +%e Court of the Magistrate and shan not- be deiain- ed' beyond the said period without the authority of the Magistrate,, ' ' . - `84,` (I,) If q pegon is pm.dveed before a Magistrate aadea sub;se~ti~n procedure (3) sf: $~c4Lo,n .2aj `and` ,i,$,.:in Us opini~n, there a= sufficient gr~unds fop'. on prop~e.c,eqdiGg furthe-r, Magigtr-ate shall-. . . duction of . . . ' : . mentally (a) examine tlie, ~ 9 g s . w to, ~ 9 g s . w to, to, q$~;es$: his: cawcity cawcity to un&~gta&, . (a) examine tlie, ~ 9 g s . w to, ~ 9 g s . w to, to, q$~;es$: his: cawcity cawcity to un&~gta&, . . : , . . .: . .: . , - . (b), CWSC 'hil?;q:t@.b e yawined `by` a medical offiwr, n&e such inquiries in relation to such persoQ, 3s . may deem pecessary. . . .: .: . 4% Afier tEe complledion of the proceed5h& under sub-sectfon (1'1, the Magistrate may pass a reception order aut'horising the dek&iQn' of' Order in case of mentally ill perdon cruelly treated or `not` unHer proper care and control, the said person as an inpatient in a psychiatric [hospital or psychiatric nursing home,~ - ' ,, (a) if the medical officer certifies such person to be a mentally ill person, and l +c.? @) if the Magistrate is satisfied that the said -p,erscqCi's ?-mk^n- tally ill person and that in the interests of the health and safety of that person or for the protection of others, it is necessic? to pass such order: Provided that if any relative or friend of the mentally ill pe@s@M desires that the mentally ill person be sent `tu` any particular licensed psychiatric hospital or licensed psychiatric nursing home for treathqent therein and undertakes in writing to the satisfaction of the ~ggjstrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the Magistrate shall, if the medical officer in char$@ of such hospital or nursing home consents, make a reception order for %he admission of the mentally ill person into that hospital or nursing home and detention therein: Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking %hat such mentally ill person will be properly taken care of and shall. be prevented from doing any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to the care of such relative or friend.

Source: India Code