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

Section 46. (1)

Repealed or not in force · As amended up to 2026-08

46. (1) Where the medical officer in charge refuses to grant leave of absence to a mentally ill persoii'mder section 45, the applicant may apply to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein the mentally ili pzrson, is .,detqined is situate, for the grant of leave of, qbsence to the m9ntailyrjl) perspn ,and the Magistrate <may, if he is ~atj+fied that it `is` necesgpfh so to do, and on the applicant entering into a bond `ia` ance wit the provisions of sub-section `(Z),` by ?osder, g q n t leave .of absence to the mentally ill person for such period and subject to such s~iadj;tlw 3s; may be specified i n the order. , necesgpfh so to do, and on the applicant entering into a bond `ia` ~ ~ t y q i - ' '(2) Ed&-y b o ~ d ref~rred $0 in sub-section (I) shall be with or without sureties and for such amount as the Magistrate may dccige and shall , kontai$pthk bndertakipg referred to in sub-sec$ioc 0 '1, .. ', - - . (2) of,\$ctipq 45. (3) The Magistrate shall forward a copy of' his order to tfie medical , ' officer, in charge and chaGge %hall entrust, the mentally ill person to the petson on,whose l' pn, receipt of sych order the megical officer in application the leave of absence was granted under this section. , Removal a r ' , `P` I : a r ' , `P`

Source: India Code