FM>Chap 21: Forensic Psychiatry>Long Essay 2

Mental illness is a disorder of the mind or the personality, in which there is impairment of the mental or emotional component, as a result of which the “mentally ill” person is unable to adopt himself/herself to the ordinary social requirements.

Classification of mental illness: REFER LONG ESSAY 1.

Various methods of restraining a mentally ill person:
I. Immediate restraint: in case of
a) insane person who is
i) dangerous to himself or to others,
ii) likely to injure or wastefully spend his property or that of others.
b) person suffering from delirium due to disease,
c) delirium tremens (seen in alcohol withdrawal)
It is done under personal care of attendants, by safely locking up in a room. The consent of lawful guardian of the insane is to be taken, but if no time and insane is dangerous, he can be immediately restrained. it is lawful only as long as the danger exists.
II. Admission in psychiatric hospital /institution / mental asylum:
The procedures adopted are:
1) Admission on voluntary basis:
a .any major , who considers himself to be mentally ill, can request medical officer of psychiatric hospital for admission and treatment.
b .in case of minor, guardian can make request.
The officer in charge can inquire within 24 hrs, and if satisfied that the person needs treatment as in-patient, he may admit. It is the most common method.
2) Admission under special circumstances:
a mentally ill who can’t voluntarily make a request, can be admitted in a psychiatric hospital for 90 days , if an application is made by relative/friend along with 2 medical certificates, one of which issued by a Govt. doctor. If no certificates, officer in charge can get the patient examined by 2 dress. working in the hospital.
3) Reception order on application to magistrate:
a .by officer in charge of psychiatric hospital in case of a mentally ill undergoing treatment under a temporary treatment order, if
i) treatment is needed for >6 months, or
ii) its necessary in the interest of health and safety of the person or for protection of society or property.
b .by major spouse /relative in prescribed form
The applicant must have seen the patient within 14 days of date of application. Exact manner of relation, circumstances of making application, and any previous application must be stated. Application be signed and verified by applicant. 2 medical certificates issued by doctors, who must have separately examined the patient within 10 days of date of application, must be submitted. One should be from a government doctor. Each doctor should certify
“that the alleged mentally ill is suffering from mental disorder of such a nature and degree, that he should be admitted in a psychiatric hospital in the interest of his health and personal safety, or for protection of others”
On receipt of the application, magistrate must consider the petition of allegation and medical certificates of mental illness.
=>If satisfied, he may pass reception order immediately.
=> If not satisfied, may fix a date for petition and issue notice to the concerned. On that date, case must be considered privately in presence of petitioner, alleged mentally ill and his representative. Then,
* If satisfied, passes a reception order which is valid for 30 days.
* If not satisfied, may refuse application, giving reasons in writing, a copy of which is given to applicant.
a .certified copy of reception order is sent to officer in charge of psychiatric hospital.
4) Reception order without application on production of mentally ill person before magistrate/commissioner of police:
a. in case of wandering / dangerous mentally ill, an officer in charge of police station can arrest and produce him before magistrate. The magistrate/commissioner examines him as well as by a medical officer. If satisfied of mental illness, he can pass a reception order. Magistrate can hand him over to a friend or relative only on execution of a bond for proper care of the mentally ill.
b. in case of mentally ill who is not kept under proper care & control, or treated cruelly , or neglected by guardian/relative , a police officer or any person can report to magistrate. Magistrate may summon both mentally ill & his relative, and
i) make an order for proper care & treatment of mentally ill.
ii) if no one to take care, then pass a reception order for admission to a psychiatric hospital.
5) Admission as inpatient after judicial inquisition:
In case of a person having property is alleged to be mentally ill, the district court may order an inquisition on application by relative. If satisfied, the court may order to admit him in a psychiatric hospital.
6) Admission of a mentally ill prisoner:
to a psychiatric hospital , by an order of appropriate authority under Prisoners Act 1900, Air Force Act 1950 , Army Act 1950, Navy Act 1957, or U/S 330/335 Cr.P.C. 1973.
7) Admission of an escaped mentally ill person:
from a psychiatric hospital, can be retaken by any police officer, or any officer/ servant of the hospital & readmitted.


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