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Full text of "Medical Jurisprudence And Toxicology"

RESTRAINT  OF THE  INSANE                                           383

under immediate restraint under the personal care of attendants, or admitted
into a mental hospital.

Immediate Restraint.—Immediate restraint under the personal care of
attendants may be imposed either by the consent of a lawful guardian of the
insane person, or without his consent, if there is no time to obtain it without
fear of injury to his person or to the persons of others; but the restraint
must last so long as the danger exists. Such a restraint can also be imposed
on persons suffering from delirium due to disease, or from delirium tremens.
In this case the restraint must cease with the subsidence of the symptoms.

1.    Reception direct into a Mental Hospital.—Under section 4(1) of the
Indian Lunacy Act, 1912 (Act IV, 1912), as modified upto the first October
1931, any person in charge of a mental hospital may, with the consent of
two of the visitors of the mental hospital on a written application from the
intending boarder, receive and lodge as a boarder in such mental hospital
any person who is desirous  of submitting himself to treatment.   Such a
boarder should not be detained in the mental hospital for more than twenty-
four hours after he has given to the person in charge of the mental hospital
notice in writing of his desire to leave such mental hospital.

2.    Reception Order on Petition.—The husband or wife of the alleged
lunatic submits a petition for a reception order for his admission into a
mental  hospital  to  the  Magistrate  within  whose  jurisdiction  the  alleged
lunatic ordinarily resides.12    If there is no husband or wife or the husband
of wife is prevented by reason of insanity, absence from India or otherwise
from making the presentation, the nearest relative of the alleged lunatic who
is not so prevented can make a petition.13   If the husband or wife or the
nearest relative in the absence of the husband or wife is unable to present
the petition, any other person can present the petition which must contain
a statement of the reasons why it is not so presented, and of the connection
of the petitioner with the alleged lunatic, and the circumstances under which
he presents the petition.   It must be remembered that no person can 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 before the presen-
tation of the petition, personally seen the lunatic.

The petition must be in the form (Appendix V, Form 1) prescribed by
the Indian Lunacy Act, 1912, as modified upto the first October 1931, with
the statement of prescribed particulars signed and verified by the applicant,
and must be supported by two medical certificates (Appendix V, Form 3)
on separate sheets of paper, one of which must be from a gazetted medical
officer or a medical practitioner declared by Government to be a medical
officer under Act IV of 1912 and the other from a medical practitioner
holding a qualification to practise medicine and surgery registrable in the
United Kingdom or declared by Local Government to be a medical practi-
tioner under Act IV of 1912. If either of the medical certificates is signed
by any relative, partner or assistant of the lunatic or of the petitioner, this
fact should be noted, and where the person signing is a relative the exact
manner in which he is related to the lunatic or petitioner should also be
mentioned in the petition. Both the medical men should examine the
alleged lunatic independently of each other and at different times, and each
should certify that the individual is "a lunatic and a proper person to be
taken charge of, and detained under care and treatment" after he has
formed aft opinion from a statement given in the certificate of the facts indi-
cating insanity observed by himself at the time of the examination
facts indicating insanity communicated,to him by others.           ,'' ?

12.   Sections 5 and*6, The Indian Lunacy Act, 1912.                            :

13.   Section 2, The Indian Lunacy (Amendment) Act, 1926 (Act No, 5