Repealed or not in force · As amended up to 2026-08
42. (1) Where any relative or friend of a mentally ill person ddtained in ,a ~ychiatrjc hos~ital or psychiatric nursing home under section 22, &ctlon 24 or s$ti,on 25 desires. that such person shall be delivered over . to his, csr+ and custody, he may make an a~plication to the medical officer. in charge m&b shdl forward it together with his remarks thereon to the . authority under whose #orders the mentally ill person is detained.
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(2) , m e r e an applieaiion is received under sub-section (I), the authority shall, on such relative or friend furnishing! a bond, kith 6r * without sureties, for such amount as such authority may specify in this behdf; 'undedaking to'tgke proper care of such mentally ill person, and ensu~i!hg that' the mentally ill .persona shall be prevented from causing injury to himseIf or $8'dthers, make ah order of discharge' and thereupoh ' the mentally $k person' ehall be discharged.
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Source: India Code