EASY TO UNDERSTAND

1. Indian mental health act (MHA)
Indian mental health act (MHA) was drafted by the parliament in 1987, but it came
into effect in all the states and union territories of India in April 1993. This act replaces
the Indian lunacy Act of 1912
To change the attitude of the society towards the mentally ill &
considerably realized that no stigma should be attached to such
illness.
Every mentally ill individual has the right to be treated like
others sick people.
To modify the act according to the rapid advancement of
medical science and the understanding

2. Objectives of the Mental Health Act
To regulate the power of the government for establishing, licensing and controlling
psychiatric hospital / nursing homes.
• To provide legal aid mentally ill persons at state expense in certain cases.
• To protect citizens from being detained in psychiatric hospital / nursing homes
without sufficient cases
• Central and state authorities for mental health services.
• To regulate maintenance charges of psychiatric hospitals/nursing homes
The act is divided into 10 chapters consisting of 98 sections

3. CHAPTER I
Chapter I Preliminary information
It contains definition included :-
• Psychiatric hospital/nursing homes :- A hospital/ nursing home established or maintained
by the government or any other person for the case of mentally ill persons.
• Mentally ill person :- A person who is in need of treatment by reason of any mental
disorder other than mental retardation.
• Psychiatrist –a medical practitioner possessing postgraduate degree or diploma
in psychiatry recognized by the MCI (medical council of India)
• Reception order:- An order made under the provision of this Act for the
admission and detention of mentally ill person in a psychiatric hospital / nursing
home.
Outdated definition are changed based on current knowledge
OLD TERM NEW TERM
Lunatic mentally ill person
Lunatic asylum psychiatric hospital
Criminal lunatic mentally ill prisoner

4. Chapter II, Chapter III & Chapter IV
Chapter II : It deals with establishment of
central & state authorities for regulation and
co- ordination of mental health services
Chapter III : It provides guidelines for
establishment and maintenance of psychiatric
hospital/nursing home
Chapter IV :It deals with the procedure for
admission and detention in psychiatric
Hospital/nursing homes.

5. Chapter IV CONTD…

6. Admission on voluntary basis

7. INVOLUNTARY ADMISSION

8. Admission under authority or order

9. Admission under authority or order
CONTD…

10. Reception order on application

11. Reception order on production of a
mentally ill person before a Magistrate

12. Reception order after Inquest

13. Chapter V

14. Discharge of a patient admitted on voluntary basis
Medical officer in-charge of psychiatric hospital /nursing home on recommendation from
two medical practitioner preferably a psychiatrist, can issue directions for discharge of the
patient.
Discharge of patient admitted under special circumstances
• Relative or a friend may be make an application to the medical officer for care and custody
of the patient.
• Relative are required to furnish a bond with or without sureties , along with an undertaking
that the mentally ill person shall be prevented from causing injury to self or others

15. Discharge of a patient admitted by police
If police detain the mentally ill individual in hospital , he may be discharged after the
family members agree in writing to take proper care that he is fit to be discharged .
Discharge of a mentally ill Prisoner
• Hospital authorities have to report every 6 months about the persons state of mind to the
authority , which had ordered detention
• As soon the client is fit to stand in trial , they have to inform about the same to the
authority concerned .
• Person then hand over to the prison officer for further legal action.
Leave of absence (section 45)
• It means patient is given time limit permission to visit family members.
• On application by a relative or others to the medical officer-in-charge And a bond duly
signed stating that the patient will be taken proper care of and prevented from injuring self
or others (for a period of maximum 6 days)

16. Chapter VI
• Consist of legal customary actions towards the property possess by
mentally ill persons.
• Under sections 54(1) a guardian may be appointed by court of law
on behalf of an alleged mentally ill person incapable of looking after
self and property.
• Under section 97 of the act when a mentally ill person is not
represented by a legal practitioner in any proceeding before a district
court or magistrate and such a patient does not have sufficient means
to engage a legal practitioner then the district court

17. Chapter VII
• Deals with ways and means to meet the lost of maintenance of mentally ill persons
detained in psychiatric hospital.
• Under section 78 when a mentally ill patient is detained as an inpatient and does
not have property to bear the cost of treatment , in such cases this expenses shall be
borne by the government of the state.
Chapter VIII
Contains the novel and explicit provision for protection of human right of mentally
ill patients Section 81 provides that:
1. No letter or communication sent by or to a mentally ill person shall be
interpreted detained or destroyed.
2. 2. No mentally ill person shall be subjected during treatment to any indignity
(physically or mental ) or cruelty
3. 3. No mentally ill person under treatment shall be used for purpose of research
unless:- • Such research is of direct benefit to him • A consent has been obtained
in writing from the person (in voluntary admission) or from the guardian/
relative (if admission was involuntary

18. Chapter IX
• Deals with procedure to be followed for the establishment and
maintenance of psychiatric hospital and penalties which can be
relatively severe and explicit for containing them.
• Article 6(1)of the mental health Act prohibit the running of a home
without license.
• Article 11(1b) says the licensing authority can revoke the license if
the maintenance of the manner detrimental to the moral, mental or
physical well being of the in patients.
Chapter X
• It deals with clarification pertaining to certain procedures to be
followed the medical officer –in-charge of the psychiatric hospital /
nursing home.

19. RIGHTS OF A MENTALLY ILL CLIENTS
1. Right to access mental health care
2. Right to community living
3. Right to protection from cruel, inhuman and degrading
treatment
4. Right to equality and non- discrimination
5. Right to information
6. Right to confidentiality
7. Restriction on release of information in respect of mental
illness
8. Right to access medical records
9. Right to personal contacts and communication
10. Right to legal aid
11. Right to make complaints about deficiencies in provision of
services

20. FORENSIC PSYCHIATRY
Psychiatry deals with the study, diagnosis &treatment of mental illness.
Forensic Psychiatry is a subspecialty deals with the application of psychiatry knowledge to legal issues, i.e.
Psychiatry
Scope of Forensic Psychiatry
CRIMINAL CASES
Crime committed in state of unsoundness of mind
Inability to plead defense
Deference of punishment
Insane women is raped
In sexual perversions y in Law
CIVIL CASES
•Testamentary capacity
•Continuance ofbusiness contract
•Nullity of the marriage and divorce
•Competence of witness
•Competence to stand trial
•Validity of the consent
•Inability to look after property

21. Role of Forensic psychiatry
• Treatment assurance of mentally ill people who become the
perpetrator;
• Giving evidence to courts in cases where the offender’s
mental stability is in question
• Competency evaluations;
• Working effectively to understand and upgrade the connection
of the law and psychiatry;
• Working with additional clinical and non-clinical experts in
the field;
• Preventing a delay in the treatment of offenders with a mental
disorder.