INDIAN LUNACY ACT 1912

[ACT No IV of 1912]

An Act to consolidate and amend the law relating to Lunacy-

Whereas it is expedient to consolidate and amend the law relating to lunacy: It is hereby

enacted as follows:—

PART I Preliminary

CHAPTER I

1. Short title and extent.—(1)This Act may be called the Indian Lunacy Act, 1912.

(2) It extends to the whole of India.

2. Savings.—Nothing contained in Part II shall be deemed to affect the powers of any

High Court over any person found to be a lunatic by inquisition, or over the property of

such lunatic, or the rights of any person appointed by such Court as guardian of the

person or manager of the estate of such lunatic.

3. Definitions.—In this Act unless there is anything repugnant in the subject or

context,—

(1) "asylum" means an asylum or mental hospital for lunatics established or licensed by

the Central Government or any Stale Government ;

(2) ''cost of maintenance" in an asylum includes the cost of lodging, maintenance,

clothing, medicine and care of a lunatic and any expenditure incurred in removing such

lunatic to and from an asylum together with any other charge specified in this behalf by

the State Government in exercise of any power conferred upon it by this, Act ;

(3) "District Court" means the principal Civil Court of original jurisdiction in any area

outside the local limits for the time being of the Metropolitan towns;

(3A) "India'' means' the territory of India excluding the State of Jamrnu and Kashmir;

(5) "lunatic" means an idiot or a person of unsound mind ;

(6) "Magistrate" means a Metropolitan Magistrate, District Magistrate, Sub-divisional

Magistrate, or a Magistrate of the first class specially empowered by the State

Government to perform the functions of a Magistrate under this Act,;

(7) "medical officer" means a gazetted medical officer in the service of the Government

and includes a medical practitioner declared by general or special order of the State

Government to be a medical officer for the purposes of this Act ;

(8) "medical practitioner" means holder of a qualification to practice 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 State Government to be a medical

practitioner for the purpose of this Act ; .

(9) "prescribed" means prescribed by this Act or by rule made thereunder ;

(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

(12) "rule" means rule made under this Act.

PART II

Reception, Care and Treatment of Lunatics

CHAPTER II Reception of Lunatics

4. Reception of persons in asylum.—(1) No person other than a criminal lunatic or a

lunatic so found by inquisition shall be received or detained in an asylum without a

reception order save as provided by sections 8, 16 and 98 :

Provided that any person in charge of an asylum may, with the consent of two of the

visitors of such asylum which consent shall not be given except upon a written

application from the intending boarder, receive and lodge as a boarder in such asylum

any person who is desirous of submitting himself to treatment.

(2) A boarder received in an asylum under the proviso to sub-section (1) shall not be

detained in the asylum for more than twenty-four hours after he has given the person in charge of the asylum notice in writing of his desire to leave such asylum.

Reception Order on Petition

5. Application for reception order.—(1) An application for a reception order shall be

made by petition accompanied by a statement of particulars to the Magistrate within the

local limits of whose jurisdiction the alleged lunatic ordinarily resides, shall be in the form

prescribed and shall be supported by two medical certificates on separate sheets of

paper, one of which certificates shall be from a medical officer.

(2) If either of the medical certificates is signed by any relative, partner or assistant of the

lunatic or of the petitioner, the petition shall state the fact, and where the person signing

is a relative, the exact manner in which he is related to the lunatic or petitioner.

(3) The petition shall also state whether any previous application has been presented for

an inquiry into the mental capacity of the alleged lunatic in any Court : and if such

application has been made, a certified copy of the order made thereon shall be attached

to the petition.

(4) No application for a reception order shall be entertained in any area outside the

Metropolitan towns unless the State Government has, by notification in the official

Gazette, declared such area as an area in which reception orders may be made.

(2) If the petition is not so presented by the husband or wife, or, where there is no

husband or wife, by the nearest relative of the alleged lunatic, the petition shall contain a

statement of the reasons why it is not so presented/and of the circumstances under

which he presents the petition.

(3) No person shall present a petition unless he has attained the age of majority as

determined by the law to which he is subject, and has within fourteen days beforethe

presentation of the petition, personally seen the said lunatic.

(4) The petition shall be signed and verified by the petitioner and the statement of

prescribed particulars by the person making such statement.

7. Procedure upon petition for reception order.—(1) Upon the presentation of the petition, the Magistrate shall consider the allegation in the petition and the evidence of

lunacy appearing by the certificates.

(2) If he considers that there are grounds for proceeding further, he shall personally

examine the alleged lunatic unless-for reasons to be recorded in writing, he thinks it

unnecessary or inexpedient so to do.

(3) If he is satisfied that a reception order may properly be made forthwith, he may make

the same accordingly.

(4) If he is not so satisfied, he shall fix a date ( notice whereof shall be given to the

petitioner and to any other person to whom in the opinion of the Magistrate notice should

Provided that no such order of substitution shall release the person upon whose petition

the reception order was made or, if he is dead, his legal representative from any liability

incurred before the order of substitution was made.

(2) Before making any order of substitution, the Magistrate shall send a notice to the

person upon whose petition the reception order was made, if he is alive, and to any

relative of the lunatic to whom, in the opinion of the Magistrate notice should be given ;

the notice shall specify the name of the person in whose favour it is proposed to make

such order and the date, which shall be not less than twenty days from the sending of

the notice, upon which any objection to the making of the order will be considered.

(3) On such date .or any subsequent date to which the proceeding may be adjourned,

the Magistrate shall consider any objection made by any person to whom notice has

been sent, or by any other relative of the lunatic, and shall receive all such evidence as

may be produced by or on behalf of any of such persons and such further evidence, if

any, as the Magistrate thinks necessary, and may thereafter make or refrain from

making an order of substitution :

Provided that, if the person on whose petition the reception order was made is dead and

any other person is willing and, in the opinion of the Magistrate, fitted to undertake the

duties and responsibilities under this Act of such first-mentioned person, the Magistrate

shall make such an order.

(4) If in proceedings under this section any question arises as to the person to whom

the duties and responsibilities under this Act of a person upon whose petition a reception

order has been made shall be entrusted, the Magistrate shall give performance to the

person who is the nearest relative of the lunatic, unless, for reasons to be recorded in

writing, the Magistrate considers that such preference would not be in the interests of the

lunatic.
(5) The Magistrate may make such order for the payment of the costs of an enquiry

under this section by any person who is a party thereto or out of the estate of the lunatic,

as he thinks fit.

(6) Any notice under sub-section (2) may be sent by post to the last known address of

the person of whom it is intended,]

1[11-B]. Reception order in case of lunatics from foreign States in India.— 1)

When an arrangement has been made with any foreign European State with respect to

the reception of lunatics in asylums in 2[India], the 3[Central Government] may, by

notification in the s[official Gazette], direct that reception orders may be made under this

the admission of the said lunatic into any asylum which has been duly authorized for the

purpose by the 2[Central Government].

13. Powers and duties of police in respect of wandering or dangerous lunatics or

lunatics cruelly treated or not wider proper care and control. — (1) Every officer in

charge of a police-station may arrest or cause to be arrested all persons found

wandering at large within the limits of his station whom he has reason to believe to be

lunatics and shall arrest or cause to be arrested all persons within the limits of his station

whom be has reason to believe to be dangerous by reason of lunacy. Any person so

arrested shall be taken forthwith before the Magistrate.

(2) Every officer in charge of a police-station who has reason to believe that any person

within the limits of his station is deemed to be a lunatic and is not under proper care and

control or is cruelly treated or neglected by any relative or other person having the

charge of him, shall immediately report the fact to the Magistrate.

14. Reception order in case of wandering and dangerous lunatics.—Whenever any

person is brought before a Magistrate under the provision of sub-section (1) of Sec. 13,

the Magistrate shall examine such person, and if he thinks that there are grounds for

proceeding further, shall cause him to be examined by a medical officer, and may make

such other enquiries as he thinks fit; and if the Magistrate is satisfied that such person is

a lunatic and a proper person to be detained, he may, if the medical officer who has

examined such person gives a medical certificate with regard to such person, make a

reception order for the admission of such lunatic into an asylum;

Provided that, if any friend or relative desires that the lunatic be sent to a licensed

asylum and engages in writing to the satisfaction of the Magistrate to pay the cost of

maintenance of the lunatic in such asylum, the Magistrate shall, if the person in charge

of such asylum consents, make a reception order for the admission of the lunatic into the licensed asylum mentioned in the engagement :

Provided further that if any friend or relative of the lunatic enters into a bond with or

without sureties for such sum of money as the Magistrate thinks fit, conditioned that such

lunatic shall be properly taken care of, and shall be prevented from doing injury to

himself or to others, the Magistrate, instead of making a reception order, may, if he

thinks fit, make him over to the care of such friend or relative.

(2) If such relative or other person is legally bound to maintain the alleged lunatic, the

Magistrate may make an order for such alleged lunatic being properly cared for and

treated and if such relative or other person willfully neglects to comply with the said

order, the Magistrate may sentence him to imprisonment for a term which may extend to

one month.

(3) If there is no person legally bound to maintain the alleged lunatic or if the Magistrate

thinks fit so to do, he may proceed as prescribed in section 14 and upon being satisfied

in the manner aforesaid that the person deemed to be a lunatic, is a lunatic and a proper

person to be detained under care and treatment, may, if a medical officer gives a

medical certificate with regard to such lunatic, make a reception order for the admission

of such lunatic into an asylum..

16. Detention of alleged lunatic, pending report by medical officer.—(1) When any

person alleged to be a lunatic is brought before a Magistrate under the provisions of

section 13 or section 15, the Magistrate may, by an order in writing, authorise the

detention of the alleged lunatic in suitable custody for such time not exceeding ten days

as may be, in his opinion necessary to enable the medical officer to determine whether

such alleged lunatic is a person in respect of whom a medical certificate may be properly

given.

(2) The Magistrate, from time to time, for the same purpose by order in writing, authorize

such further detention of the alleged lunatic for periods not exceeding ten days at a time

as he thinks necessary :
Provided (hat no person shall be detained in accordance with the prisons of this section

for a total period exceeding thirty days from the date on which he was first brought

before the Magistrate.

17. Commissioners of Police, etc. to act in the Metropolitan towns.—All acts which

the Magistrate is authorised or required to do by section 14, 15 or 16 may be done in

the Metropolitan towns by the Commissioners of Police and all duties which an officer in

charge of a police station is authorised or required to perform, may be performed in any

of the Metropolitan towns by an officer of the police force not below the rank of an

Inspector.

Further provisions as to reception orders and medical certificates

18. Medical certificates.—(1) Every medical certificate under this Act shall be made

and signed by a medical practitioner of a medical officer, as the case may be, and shall

be in the form prescribed.

(2) Every medical certificate shall state the facts upon which the person certifying has

formed his opinion that the alleged lunatic is a lunatic, distinguishing facts observed by

himself from facts communicated by others , and no reception order on petition shall be

made upon a certificate founded only upon facts communicated by others.

(3) Every medical certificate made under this Act shall be evidence of the facts therein

appearing and of the judgment therein stated to have been formed by the person

certifying on such facts, as if the matters therein appearing had been verified on oath.

19. Time and manner of medical examination of lunatic.—(1) A reception order

required to be founded on a medical certificate shall not be made unless the person who

signs the medical certificate, or, where two certificates are required, each person who

signs a certificate has personally examined the alleged lunatic, in the case of an order

upon petition, not more that seven clear days before the date of the presentation of the

petition, and, in all other cases not more than seven clear days before the date of the

order.

(2) Where two medical certificates are required, a reception order shall not be made

unless each person signing a certificate has examined the alleged lunatic separately

from the other.

20. Authority for reception.—A reception order, if the same appears to be in

conformity with this Act, shall be sufficient authority for the petitioner or any person

authorized by him, or in the case of an order made upon petition, for the person

authorized so to do by the person making the order to take the lunatic and convey him to the place mentioned in such order and for his reception and detention therein, or in any

asylum to which he may be removed in accordance with the provisions of this Act, and

the order may be acted on without further, evidence of the signature or of the jurisdiction

of the person making the order:

2Provided that no reception order shall continue to have effect—

(a) after the expiry of thirty days from the date on which it was made, unless the lunatic

has been admitted to the place mentioned therein that period, or

(b) after the discharge, under the provisions of this Act, of the lunatic from such place or

from any asylum to which he may have been removed.]

21. Copy of reception order to be sent to person in charge of asylum.—Any

authority making a reception order under this Part shall forthwith send a certified copy of

the order to the person in charge of the asylum into which such lunatic is to be admitted.

22. Restriction as to asylums into which reception order may direct admission.—

Subject to the provisions of Sec. 85, no Magistrate shall make a reception order for the

admission of any lunatic into 3[any Government asylum] outside the 4[State] in which the

Magistrate exercises jurisdiction.

23. Detention of lunatics pending removal to asylum.—When any reception order

has been made under Sec. 7, 10, 14, or 15, the Magistrate may, for reasons to be

recorded in writing, direct that the lunatic, pending his removal to an asylum, be detained

in suitable custody in such place as the Magistrate thinks fit.

Reception and detention of criminal lunatics

24. Reception and detention of criminal lunatics.—An order under section 330 or

sections 335 and 336 of the Code of Criminal Procedure, 1973. or under section 30 of

the Prisoners Act, 1900 or under section 145 of the Army Act, 1950 (46 of 1950) ,

directing the reception of a criminal lunatic into any asylum which is prescribed for the

reception of a criminal lunatic shall be sufficient authority for the reception and detention

of any person named therein in such asylum or any other asylum to which he may be

lawfully transferred.

Reception after inquisition

25. Reception after inquisition.—A lunatic so found by inquisition may be admitted into

any asylum—

(1) in the case of an inquisition under Chapter IV, on an order made by, or undsr the authority of, the High Court;

(2) in the case of an inquisition under Chapter V, on an order made by the District

Court.

26. Order for payment of cost of maintenance of lunatic.—(1) When any lunatic has

been admitted into any asylum in accordance with the provisions of Sec. 25, the High

Court or the District Court, as the case may be, shall, on the application of the person in

charge of the asylum, make an order for the payment of the cost of maintenance of the

lunatic of the lunatic in the asylum, and may from time to time direct that any sum of

money payable under such order shall be recovered from the estate of the lunatic or of

any person legally bound to maintain him :

Provied that if at any time it shall appear to the satisfaction of the Court that the lunatic

has not sufficient property, and that no person legally bound to maintain such lunatic has

sufficient means for the payment of such cost, the Court shall certify the same instead to

making such order for the payment of the cost as aforesaid.

(2) An order under sub-section (1) shall be enforced in the same manner and shall be of

the same force and effect and subject to the same appeal as a decree made by the

Court in a suit in respect of the property or person therein mentioned.

Amendment of order or certificate

27 Amendment of order or certificate.—If after the reception of any lunatic into any

asylum on a reception order, it appears that the order upon which he was received or the

medical certificate or certificates upon which such order was made in or defective or

incorrect, the same may at any time afterwards be amended by the person or persons

signing the same with the sanction of two or more of the visitors of the said asylum, one

of whom shall be a medical officer.

CHAPTER III

Care and Treatment

Visitors

28. Appointment of visitors.—(1) The 1[State Government] shall appoint for every

asylum not less than three visitors, one of whom at least shall be a medical officer.

(2) The Inspect or-General of Prisons (where such office exists) shall be a visitor ex-

officio of all the asylums within the limits of his jurisdiction.

29. Monthly inspection by visitors.—Two or more of the visitors, one of whom shall De a medical officer, shall, once at least in every month, together inspect every part of

the asylum of which they are victors, and see and examine, as far as circumstances will

permit, every lunatic and broader therein, and the order and certificate for the admission

of every lunatic admitted since the last visitation of the visitors, and shall enter in a book

to be kept for that purpose any remarks which they may deem proper in regard to the

management and condition of the asylum and the inmates thereof.

Comment

In England visitors in lunacy commonly referred to as "Chancery visitors" discharge,

amongst other functions the duty of visiting lunatics so found by inquisition and also

persons not so found, but with reference to whom proceedings have been taken in

lunacy.5

30. Inspection of criminal lunatics by Inspector-General or visitors.—(1) When any

person is 8[detained] under the provisions of Sec. 466 or Sec. 471 of the Code of

Criminal Procedure, 1898 (5 of 1898), s[or under the provisions of Sec. 103-A of the

"[Indian Army Act, Mi (9 of 1911)J, the Inspector-General of Prisons, if such person is

6[detainec] in a jail or the visitors of the asylum or any two of them, if he is "[detained], in

an asylum, may visit him m order to ascertain his state of mind ; and he shall be visited

once at least in every six months by such Inspector-General or by two of such visitors as

aforesaid ; and such Inspector-General or visitors shall make a special report as to the

state of mind of such person to the authority under whose order he is [detained].

(2) The 7[State Government] may empower the officer-in-charge of the jail in which such

person may be 8[detained] to discharge all or any of the functions of the Inspector-

Genera! under sub-section (1).

Discharge of lunatics

31. Order of discharge from asylum by visitors.—(1) Three of the visitors of any

asylum, of whom one shall be a medical officer, may, by order in writing, direct the

discharge of any person detained in such asylum, and such person shall thereupon be

discharged :

Provided that no order under this sub-section shall be made in the case of a person

detained under reception order under Sec. 12, or, in the case of a criminal lunatic,

otherwise than as provided by Sec. 30 of the Prisoners Act, 1900 (3 of 1900).

(2) When such order is made, if the person is detained under the order of any public

authority, notice of the order of discharge shall be immediately communicated to such

authority.
32. Discharge of lunatics in other cases and of European military lunatics—(1) A

lunatic detained in any asylum under a reception order, made on petition, shall be

discharged if the person on whose petition the reception order was made so applies in

writing to the person in charge of the asylum :

Provided that no lunatic shall be discharged under the provisions of sub-section (1) if the

officer-in-charge of the asylum certifies in writing that the lunatic is dangerous and unfit

to be at large.

(2) A person detained in any asylum under a reception order made under Sec. 12 shall

be detained therein until he is discharged therefrom in accordance with the military

"[naval] 8[or air force] regulations in force for the time being or until the officer making the

order applies for his transfer to the military 58 [naval] 3[or air force] authorities in view to

his removal to England.

(3) Whenever it appears to the officer-in-charge of an asylum that the discharge of a

person therein detained under an order made under Sec. 12 is necessary either on

account of his recovery, or for any other purpose, such person shall be brought before

the visitors of the asylum, and on the visitors recording their opinion that the discharge

should be made, the general or other Officer Commanding the division, district, brigade

or force, or other officer authorized to order the admission of such persons into an

asylum, shall forthwith direct him to be discharged, and such discharge shall take place

in accordance with military naval or air force regulations in force for the time being.

33. Order of discharge on undertaking of relative for doe care of the lunatic.—

When any relative or friend of a lunatic detained in any asylum under the provisions of

Sees. 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.

STATE AMENDMENTS

Bombay Amendment.—After Sec. 33, the following Sec. 33-A has been added by Bombay Act

XV of 1938 3

"33-A. Temporary release of lunatics.—(I) When any relative or friend a lunatic

detained in any asylum under the provisions of Sec. 7, or 17 is desirous that such lunatic

shall be temporarily released and delivered over to his care and custody, he may make

an application to the person in charge of the asylum, who s'lall make an order for the

temporary release of such lunatic for a period not exceeding sixty days, unless for any

reason, he considers that such release is undesirable and such lunatic shall thereupon

be so released.

(2) No order under sub-section (1) for the temporary release of a lunatic detained under

Sec. 7 or 10 shall be passed except on an application of the petitioner on whose petition

such lunatic was detained or without the consent in writing of such petitioner :

Provided that, if in any such case, it appears to the person in charge of any asylum that

such petitioner refuses, without sufficient reasons, to accord such consent, he shall refer

the application made to him under sub-section (1), to the Magistrate who would have

jurisdiction to detain such lunatic under Sec. 7 or 10 and such Magistrate may, after

making such enquiry as he thinks fit, order the temporary release of such lunatic for the

period specified in sub-section (1).

(3) Any order made for the release of a lunatic under sub-section (1) may, on the

application of any relative or friend, at any time during the period of his release, be set

aside, or varied by the Magistrate who would have jurisdiction to detain such lunatic in

an asylum under Sec. 7, 10, 14, 15 or 17 on any ground other than the lunatic was not in

a state of mind fit to be released at the time the order for his release was made under

sub-section (1). If the order of release is so set aside, the lunatic shall be re-admitted

and detained in the asylum.

(4) If a lunatic released under sub-section (1) or (2) is, at any time during the period of

his release, found to be unmanageable or dangerous and unfit to be at large, the person

who applied for his release may take the lunatic to the asylum, and such lunatic shall

thereupon be re-admitted and detained in the asylum.

(5) If a lunatic released under sub-section (1) or (2) does not return to the asylum at the

expiration of the period for which he was released and if no order for his discharge has been passed under Sec. 31, or Sec. 33 or if he is at any time during the period of his

release, found to be unmanageable or dangerous or unfit to be at large and the person

who applied for his release states by a written application to the person in charge of the

asylum that he is unable to bring him to the asylum such lunatic shall be deemed to have

escaped from the asylum and may at any time within one month after the expiration of

the said period be retaken to and detained in the asylum in the manner provided in Sec.

36 :

Provided that such a person shall be deemed to be discharged if on or before the expiry

of the period for which he was released, the Board of Visitors is satisfied either (a) as a

result of investigations conducted by the person in charge of the asylum concerned, or

(6) on receipt of a certificate signed by a medical practitioner that the person may with

safety be discharged."

Madras Amendment.—After Sec. 33, the following Sec. 33-A has been added by

Madras Act XV of 1938 as amended by Madras Act 12 of 1943 ;

"33-A. Temporary order of discharge of lunatic in interests of his health. —If the

person in charge of any asylum in which a lunatic is detained under the provisions of

Sees 14, 15 or 17 is satisfied that in the interests of the in-health of the lunatic, it is

necessary to discharge him temporarily, the person aforesaid may order such discharge

for such period, as he may think fit, and subject to such conditions as the State

Government may by rule prescribe."

34. Discharge of person subsequently found on inquisition not to be of unsound

mind.—If any lunatic detained in an asylum on a inception order made under Sec. 7, 10,

14, 15 or 17 is subsequently found on an inquisition under Chapter IV or Chapter V not

to be of unsound mind and incapable of managing himself and his affairs, the person in

charge of the asylum shall forthwith, on the production of a certified copy of such finding,

discharge lunatic from the asylum.

Removal of lunatic

35. Removal of lunatics and criminal lunatics.—(1) 1[Any lunatic may, in accordance

with any general or special order of the [State Government] be removed from any

Government asylum to any other asylum within the State, or to any other asylum in any

other a[State], with the consent of the State Government of that State:

Provided that no lunatic admitted into an asylum a reception order made on petition shall

be removed in accordance with the provisions of this subsection until notice of such

intended removal has been given to the petitioner.
(2) The [State Government] may make such general or special order as [it] thinks fit

directing the removal of any person for whose [detention] an order has been made under

Sec. 466 or Sec. 471 of the Code of Criminal Procedure, 1898 (5 of 1898) [or under Sec.

103-A of the Indian Army Act, 1911 (8 of 19 J) [from the place where he is for the time

being 5[detained] to any asylum, jail or other place of safe custody [in the State,] or to

any asylum, jail or other place of safety, in any other [State] with the consent of the

[State] Government of the [State].

Escape and re-capture.

36. Order to justify detention and re-capture after escape.— Every person received

into an asylum under any such order as is required by this Act, may be detained therein

until he is , removed or discharged as authorized by law and in the case of escape may,

by virtue of such order, be re-taken by any police-officer or by the person in charge of

such asylum, or any officer or servant belonging thereto, or any other person authorized

in that behalf by the said person in charge, and conveyed to and received and detained

in such asylum :

Provided that in the case of a lunatic not being a criminal lunatic or a lunatic in respect of

whom a reception order has been made under section 12, the power to re-take such

escaped lunatic under this section shall be exercisable only for a period of one month

from the date of his escape.

PART III

Judicial Inquisition as to Lunacy

CHAPTER IV

Proceedings in Lunacy in Presidency-towns

Inquisition

37. Jurisdiction in lunacy in Presidency-towns.—The courts having jurisdiction under

this Chapter shall be the High Courts of Judicature at Fort William, Madras and Bombay.

Comment

The High Court of Madras having jurisdiction under the Lunacy Act pursuant to Sec. 37

have made rules as provided by Sec. 61 of the Act in order to carry into effect the

provisions of Chapter 4 of the Statute.

38. Court may order inquisition as to persons alleged to be insane.—(i) The Court

may, upon application, by order direct an inquisition whether a person subject to the

jurisdiction of the Court who is alleged to be a lunatic, is of unsound mind and incapable

of managing himself and his affairs.

39. Application by whom to be made.—Application for such inquisition may be made

by any relative of the alleged lunatic, or by the Advocate-General.

Comment

Proof of insanity.—The question of insanity requires a most careful examination and it

is difficult to think that bare assertion by witnesses unsupported by any details of the

cause, the course and the treatment of the malady ought to be accepted as satisfactory

proof.

40. Notice of time and place of inquisition.—(1) Notice shall be given to the alleged

lunatic of the time and place at which it is propose to hold the inquisition.

(2) If it appears that personal service on the alleged lunatic would be ineffectual, the

Court may direct such substituted service of the notice as it thinks fit.

41. Powers of Court in respect of attendance and examination of lunatic.—(1) The

Court may require the alleged lunatic to attend at such convenient time and place as it

may appoint for the purpose of being personally examined by the Court, or by any

person from whom the Court may desire to have a report of the mental capacity and

condition of such alleged lunatic.

42. Rules respecting attendance and examination of females alleged to be

lunatic.—The attendance and examination of the alleged lunatic under the provisions of

Sec. 41 shall, if the alleged lunatic be a woman who, according to the manners and

customs of the country, ought not to be compelled to appear in public, be regulated by

the law and practice for the examination of such persons in other civil cases.

Comments

Scope.—The section in terms refers only to the attendance and examination of the

lunatic in Court but the principle contained in the said section would apply equally to her

attendance and examination before a doctor.8
Inquiry—Scope of.—The mode of enquiry prescribed in Sees. 40, 41 and 42 is therefore

a statutory prescription compelling obedience. These provisions serve great public

interest and are necessary for an effective discharge of the duties vested in the Courts.*

43. Power to direct District Court to make inquisition in certain cases.— (1) If the

alleged lunatic is not within the local limits of the jurisdiction of the Court, and the

inquisition cannot conveniently be made in the manner hereinbefore provided, the Court

may direct the inquisition to be made before the District Court within whose local

jurisdiction the alleged lunatic may be ; and such District Court shall accordingly proceed

to make 'such inquisition in the same manner as if the alleged lunatic were subject to its

jurisdiction, and shall certify its finding upon the matters of inquisition to the Court

directing the inquisition.

(2) The record of evidence taken upon the inquisition shall be transmitted, together with

any remarks the Court may think fit to make thereon, to the Court by which the

inquisition was directed.

44. Amendment of finding of District Court if defective or insufficient in form.—If

the finding of the District Court appears to the Court directing the inquisition to be

defective or insufficient in point of form it may either amend the same or refer it back to

the Court which made the inquisition to be amended.

45. Proceeding on finding of Court.—The finding of the Court on the inquisition or the

finding of the District Court to which the inquisition may have been referred under the

provisions of Sec. 43 with such amendments as may be made under the provisions of

Sec. 44, as the case may be, shall have the same effect, and be proceeded on in the

same manner in regard to the appointment of a guardian of the person and a manager of

the estate of the lunatic as the findings referred to in Sec. 12 of the Lunacy (Supreme

Courts) Act, 1858 (34 of 1858),1 immediately before the commencement of this Act.

Judicial powers over person and estate of lunatic

46. Custody of lunatics and management of their estates.—(1) The Court may

make orders for the custody of lunatics so found by inquisition and the management of

their estates.

47. Powers of manager in respect of management of lunatic's estates—The Court,

on the appointment of a manager of the estate of a lunatic, may direct by the order of

appointment, or by any subsequent order, that such manager shall have such powers for

the management of the estate as to the Court may seem necessary and proper,

reference being had to the nature of the property, whether moveable or immoveable, of

which the estate may consist;

Provided that no manager so appointed shall without the permission of the Court—

(a) mortgage, change or transfer by sale, gift, exchange or otherwise,

any immoveable property of the lunatic ; or

(b) lease any such property for a term exceeding five years.

are standing in the name of, or vested in, any person residing out of * [India] and not in

any part of the United Kingdom, the Court upon being satisfied that such person has

been declared lunatic, and that his personal estate has been vested in a person

appointed for the management thereof, according to the law of the place where he is

residing, may order some fit person to make such transfer of the stock, securities or

shares or of any part thereof, to or into the name of the person so appointed or

otherwise, and also to receive and pay over the dividends and proceeds as the Court

thinks fit.

General

59. Power to apply property for lunatics maintenance in case of temporary

lunatic.—If it appears to the Court that the unsoundness of mind of a lunatic is in its

nature, temporary and that it is expedient to make temporary provision for his

maintenance or for the maintenance of such members of his family as are dependent on

him for their maintenance, the Court may, in like manner as under Sec. 56. direct his

property or a sufficient part of it to be applied for the purpose aforesaid.

(2) The inquiry shall be conducted as far as may be in the manner prescribed in this

Chapter for an inquisition into the unsoundness of mind of an alleged lunatic ; and if it is

found that the unsoundness of mind has ceased, the Court shall order all proceedings in

the lunacy to cease, or to the set aside on such terms and conditions as to the Court may deem fit.

61. Power of Court to make rules.—The Court may, from time to time, make rules for

the purpose of carrying into effect the provisions of this Chapter in matters of lunatic.

CHAPTER V

Proceedings in Lunacy outside Presidency-towns

Inquisition

Comment

All orders passed under Chapter V are appealable.—-There is no provision in

Chapter V, Lunacy Act, for the removal of a guardian or manager of a lunatic when the

lunatic dies. In this respect, the provisions of the Lunatic Act resemble those of the

Guardians and Wards Act. But a manager can continue only so long as the lunatic is

alive. When the lunatic dies, the lunacy I jurisdiction comes to an end and the Court

must pass some order about the property in the hands of the manager. If the title to the

property be in dispute, the Court may either decide the issue or a>k the manager to file

an inter-pleader suit. But whichever course is followed, the order of the Court will be

referable to the jurisdiction exercised over the property of the lunatic under Chapter V

and the order must be deemed to be an order under that Chapter. Under Sec. 83 of the

Lunacy Act and appeal lies against an order made under Chapter Y of the Act. Section

83 of the Lunacy Act is different from Sec 47, Guardians and Wards Act. In the latter Act

only orders passed under certain sections of the Act are appealable. Section 83 of the

Lunacy Act, does not enumerate the order which alone arc appealable but makes all

orders passed under Chapter Y appealable to the High Courts.1

63. Application by whom to be made.-—(I) Application for such inquisition may be

made by any relative of the alleged lunatic or by any public Curator appointed under the

Succession (Property Protection) Act, 1841 (19 of 1841)2 (hereinafter referred to as the

Curator), or by the Government pleader, as defined in the Code of Civil Procedure, 1908

(5 of 1908), or if the property of the alleged lunatic consists in whole or in part of land or

any interest in land, by the Collector of the District in which it is situate.

64. Regulation of proceedings of District Court.—The provisions of Sees. 40, 41 and

42 shall regulate proceedings of the District Court with regard to the matters to which

they relate.

65. Inquisition by District Court and finding thereon.—(1) The District Court, if it

thinks fit may appoint two or more persons to act as assessor to the Court in the said

inquisition.

66. Inquisition by subordinate Court on commission issued by District Court and

proceedings thereon.—(1) If the alleged lunatic resides at a distance of more than fifty

miles from the place where the District Court is held to which the application is made, the

said Court may issue a commission to any subordinate Court to make the inquisition,

and such subordinate Court shall

67. Custody of lunatics and management of their estates.—(1) The Court may make

orders for the custody of lunatics so found by inquisition and the management of their

estates.

68. Court of Wards to be authorized in certain cases to take charge of estate of

lunatic—If the estate of a lunatic so found or any part thereof consists of property which, by the law for time being in force, subjects the proprietor if disqualified, to the jurisdiction

of the Court of Wards, the Court of Wards shall be authorized to take charge of the

same.

69. Power to direct Collector to take charge of person and estate of lunatic in

certain cases. — (1) If the estate of a lunatic so found consists in whole or in part of

land or any interest in land, but is not of such a nature that it would subject the

proprietor, if disqualified, to the jurisdiction of the Court of Wards, the District Court may

direct the Collector to take charge of the person and estate of the lunatic :

Provided that no such order shall be made without the consent of the Collector

previously obtained.

(2) The Collector shall thereupon appoint a manager of the estate, and may appoint a

guardian of the person of the lunatic.

70. Control over proceedings of Collector.—All proceedings of the Collector in regard

to the person or estate of a lunatic under this Chapter shall be subject to the control of

the 2[State] Government or of such authority as it may appoint in this behalf.

71 Power to District Court to appoint guardian and manager and take security

from manager.—(1) In all other cases the District Court shall appoint a manager of the

estate of the lunatic and may appoint a guardian of his person;

Provided that a District Court may, instead of appointing a manager of the estate of a

lunatic, exercise any of the powers conferred on the High Court under Sees. 56 and 59.

72. Restriction on appointment of legal heir of lunatic to be guardian of his

person.—The legal heir of a lunatic shall not be appointed to be the guardian of the

person of such lunatic unless the Court or the Collector as the case may be for reasons

to be recorded in writing, considers that such an appointment is for the benefit of the

lunatic.

74. Duties of guardian.—(1) The person appointed to be guardian of a lunatic's person

shall have the care of his person and maintenance.

75. Powers of managers.—(1) Every manager of the estate of a lunatic appointed as

aforesaid may exercise the same powers in the management of the estate as might

have been exercised by the proprietor if not a lunatic, and may collect and pay all just

claims, debts, and liabilities due to or by the estate of the lunatic :

Provided that no manager so appointed shall without the permission of the Court-fa)

mortgage, charge, or transfer by sale, gift, exchange or otherwise any immoveable

property of the lunatic,

(b) lease any such property for a term exceeding five years.

Such permission may be granted subject to any condition or restriction which the Court

thinks fit to impose.

76. Manager to furnish inventory and annual accounts.—(1) Every person appointed

by the District Court or by the Collector to be manager of the estate or a lunatic shall, v

than six months from the date of his appointment, deliver in Court or to the Collector

annually within three months of the close of the year property belonging to the lunatic

and of all such money, or other moveable property, as he may receive on account of the

estate, together with a statement of all debts due or to the same.

(2) Every such manager shall also furnish to the Court or to the Collector annually, within

three months of the close of the year of the era current in the district, an account of the

property in his charge, exhibiting the sums received and disbursed on account of the

estate and the balance remaining in his hands.

77. Proceeding if accuracy of inventory of accounts is impugned—If any relative of

the lunatic, or the Collector by petition to the Court, impugns the accuracy of the said

inventory and statement, or of any annual account, the Court may summon the manager

and inquire summarily into the matter and make such order thereon as it thinks fit ; or the

Court, at its discretion, may refer any such petition to any subordinate Court or to the Collector if the manager was appointed by the Collector.

78 Payment into public treasury and investment of proceeds of estate.—All sums

received by a manager on account of any estate in excess of what may be required for

the current expenses of the lunatic or of the estate, shall be paid into the -public treasury

on account of the estate and shall be invested from time to time in any of the securities

specified in Sec. 20 of the Indian Trusts Act, 1882 (2 of 1882), unless, the Court or the

Collector, as the case may be, for reasons to be recorded in writing, directs that such

sums be in the interest of the lunatic otherwise invested or applied.

(2) The Court may also for any sufficient cause, remove any guardian of the person of

the lunatic appointed by it, and may appoint any other fit person in his place.

(3) The Collector, for any sufficient cause, may remove any manager of the estate of a

lunatic or guardian of the person of a lunatic appointed by him, and may appoint any

other fit person in place of such manager or guardian; and the District Court, on the

application of the Collector, may compel any manager removed under this section to

make over the property and all accounts in his hands to his successor for all money

received or disbursed by him.

81. Penalty on manager for refusing to deliver accounts or property.—The District

Court may impose a fine not exceeding five hundred rupees on any manager of the

estate of a lunatic who wilfully neglects or refuses to deliver his accounts or any property

in his hands within the time fixed by the Court, and may realize such fine as if it were a

sum due under a decree of the Court, and may also commit the recusant to the civil jail

until he delivers such accounts or property.

82. Proceedings in lunacy to cease or to be set aside if the court finds that the

unsoundness of mind has ceased.-(l) When any person has been found under this

chapter to be of unsound mind and it is subsequently shown to me District Court that

there is reason to believe that such unsoundness of mind ceased, such Court may make

an order for inquiring whether such person is still of unsound mind and incapable of

managing himself and his affairs.

PART IV

Miscellaneous

CHAPTER VI

Establishment of Asylums

84. State Government may establish or licence the establishment of asylums. -The

a[State] Government may establish or licence the establishment of asylums at such

places as it thinks fit 3[if it is satisfied that provision has been or will be made for the

curative treatment therein of persons suffering from mental diseases.]

85. Provision for admission of lunatics in asylums outside a State.—The

Magistrates or courts exercising jurisdiction in any State may send lunatics or any class

of lunatics to any asylum situate in any other State in accordance with any general or

special order of the State Government made in that behalf with the consent of the State

Government of such other State.]

CHAPTER VII Expenses of Lunatics

86. Payment of cost of maintenance in licensed asylums in certain cases by

Government.—(1) When any lunatic is admitted to a licensed asylum under a reception

order or an order under Sec. 25, and no engagement has been taken from the friends or

relatives of the lunatic or order made by the Court for the payment of expenses under

the provisions of this Act, the cost of maintenance of such lunatic shall, subject to the

provision of any law for the time being in force, be paid by the Government to the person

in charge of such asylum.

maintain and has the means of maintaining such lunatic, may make an order for the

recovery of the cost of maintenance of such lunatic, together with the costs of the

application out of such estate or from such person.

(2) Such order shal be enforced in the same manner, and shall be of the same force and

effect and subject to the same appeal as a decree made by the said Court in a suit in

respect of the property or person therein mentioned.

Bombay Amendment.—-In Sec. 89, the following amendments were made by Bombay

Act XV of 1938 :

(i) In sub-section (1)—

(a) after the words "such lunatic" where they occur for the second time, the words "or

that any local authority is liable for the cost of maintenance of such lunatic under any law

for the time being in force" shall be inserted ;

(b) after the words "such person", the words "or from such local authority" shall be

added;

(c) at the end, the following proviso shall be added, namely :

"Provided that no order for the recovery of the cost of maintenance of such lunatic from a

local authority shall be made if he has an estate applicable to the maintenance or if there

is any person legally bound, and having the means, to maintain him ;"

(ii) in sub-section (2), after the word "person", the words "or the local authority" shall be

inserted.
Madras Amendment.—In Sec. 89, the following amendment were made by Madras Act

XV of 1938 :

In sub-section (1), for the words "may make order.......................from such person", the

following have been substituted, namely: "may make an order for the recovery of the

whole or any portion of the cost of maintenance of such lunatic and of the costs of the

application, out of such estate or from such person:

Provided that an order directing recovery out of such estate shall be made only after

making due allowance for the needs of the wife, children and other dependents, if any, of

the lunatic."

(d) to regulate the management of asylums and the care and custody of the

inmates thereof and their transfer from one asylum to another ;

(e) to regulate the transfer of criminal lunatics to asylums ;

(f) to prescribe the procedure to be allowed by District Courts and Magistrate

before a lunatic is sent to any asylum established by Government;

99. Power to make rules for reception of lunatics received from outside India.—

The State Government may make rules regulating the procedure for the reception and

detention in asylums in '[the State] of lunatics whose reception and detention are

provided for by Sec. 98.

(2) All orders for the detention of lunatics made and all undertakings given under any

enactment hereby repealed shall have the same force and effect as if they had been

made or given under this Act and by or to the authority empowered thereby in such

behalf.

100-A. Ranchi European Mental Hospital.—[Repealed by the A. L. O, 1950].

SCHEDULE I

FORM I

(See Sec. 96)

Application for Reception order

(See Sees. 5 and 6)

In the matter of A. B. [1] residing at........., by occupation............, son of............, a person

alleged to be a lunatic.

To......Presidency Magistrate, for...... [or District Magistrate of......, or Sub-Divisional

Magistrate of.......or Magistrate specially empowered under Act IV of 1912 for.........].

The petition of C. D. [1], residing at..............., by occupation............, son of.....................

in the town of.................. [or sub-division of...............in the district of...............]

1. I am........ [2] years of age.
2. I desire to obtain an order for the reception of A.B. as a lunatic in the............asylum

of............situate at [3].

3. I last saw the said A. B. at.........on the......... ['[day of...........

4. I am the............ [6] of the said A. B.

[or if the petitioner is not relative of the patient state as follows;]

I am not a relative of the said A. B. The reason why this petition is not presented by a

relative are as follows: [State them].

The circumstances under which this petition is presented by me are as follows: [State

them]

5. The persons signing the medical certificates which accompany the petition are [7].

6. A statement of particulars relating to the said A. B. accompanies this petition.

7. [if that is the fact.] An application for an enquiry into the mental capacity of the said

A. B. was made to the..................on the.....................and a certified copy of the order

made on the said petition is annexed hereto.

[Or if that is the fact]

No application for an enquiry into the mental capacity of the said A. B. has been made

previous to this application.

The petitioner therefore prays that a reception order may be made in accordance with

the foregoing statement.

(Sd.) C. D.

The statements contained or referred to in paragraph.....................are true to my

knowledge; the other statements are true to my information and belief.

(Sd.) C. D.

Dated:

Statement of particulars

[If any of the particulars in this statement is not known, the fact to be so stated.]

The following is a statement of particulars relating to the said A. B:

Name of patient at length.

Sex and age.

Married, single or widowed.

Previous occupation.

Caste and religious belief, as far as known.

Residence at or immediately previous to the date hereof.

Names of any near relatives to the patient who are alive.

Whether this is first attack of lunacy. Age (if known) on first attack.

When and where previously under care and treatment as a lunatic.

Duration of existing attack.

Supposed cause.

Whether the patient is subject to epilepsy.

Whether suicidal.

Whether the patient is known to be suffering from phthisis or any form of tubercular

disease.

Whether dangerous to others, and in what way.

Whether any near relative (stating the relationship) has been afflicted with insanity.

Whether the patient (is addicted to alcohol, or the use of opium, ganja, char as, bhang,

cocaine or other intoxicant.

[The statements contained or referred to in paras......................are true to my

knowledge. The other statements are true to my information and belief.]

Signature by person making the statement.]

1. Full name, caste and titles.

2. Enter the number of completed years. The petitioner must be at least eighteen or twenty-one whichever is the age of

majority under the law to which the petitioner is subject.

3. Insert full description of the name and locality of the asylum or the name, address and description of the person in

charge of the asylum.

4. A day within 14 days before the date of the presentation of the petition is requisite.

1. Insert place of examination.

2. Omit this where only one certificate is required.

(Designation as above.)

Dated the............

To the person in charge of asylum at .........

FORM 7

Bond on the making over of a lunatic to the care of relative or friend

(See Sees. 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/ Sub-Divisional Magistrate of................... or

a Magistrate of the first class specially empowered under Act IV of 19121 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.

E. F., above named 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 x[the

Government] 2[* * *] the sum of rupees............

Dated this.........day of..........19

(Where a bond with sureties is to be executed add)—We do hereby declare ourselves

sureties for the above-named 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 1[the Government] 2|* * *] the sum of

rupees.......

Dated this.........day of_____19

FORM 8

Bond on the discharge of a lunatic from an asylum on the undertaking of relative

or friend to take due care

(See Sec. 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