Medical Jurisprudence And Toxicology

RESTRAINT OF THE OTSANE 385

Under section 13 (1) of the Indian Lunacy Act, every officer in charge
f a police-station may arrest or cause to be arrested any person, who he
ias reason to believe, is a wandering or dangerous lunatic within the limits
f his station. Any person so arrested must be taken forthwith before a
Magistrate. The Magistrate shall examine such person, and if he thinks that
here are grounds for proceeding further, shall order him to be examined
>y a medical officer (usually a civil surgeon), and may make such other
nquiries as he thinks fit. If the Magistrate is satisfied that such person is a
unatic and a proper person to be detained, he may, on receipt of a certi-
icate of lunacy from the medical officer, issue a reception order for the
tdmission of such lunatic into a mental hospital. If any friend or relative
lesires that the lunatic be sent to a licensed mental hospital and engages in
rating to the satisfaction of the Magistrate to pay the cost of maintenance
>f the lunatic in such mental hospital the Magistrate shall, if the person in
:harge of such mental hospital consents, pass a reception order for the
idmission of the lunatic into the licensed mental hospital. If any friend or
•elative of the lunatic enters into a bond with or without sureties for such
;um of money as the Magistrate thinks fit, conditioned that such lunatic shall
3e properly taken care of, and shall be prevented from doing injury to him-
self or to others, the Magistrate, instead of issuing a reception order, may,
f he thinks fit, make him over to the care of such friend or relative
(Section 14, The Indian Lunacy Act, 1912).

Under section 13(2) of the Indian Lunacy Act, 1912, 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. It is enacted under section 15 (1), (2) and (3) that if it appears
to the Magistrate, on the report of a police-officer or the information of any
other person, that any person within the limits of his jurisdiction deemed to
be a lunatic is not under proper care and control, or is cruelly treated or
neglected by any relative or other person having the charge of him, the
Magistrate may cause the alleged lunatic to be produced before him, and
summon such relative or other person as has "or ought to have the charge
of him. If such relative or other person is legally bound to maintain the
alleged lunatic, the Magistrate may pass an order for such alleged lunatic
being properly cared for and treated, and, if such relative or other person
wilfully neglects to comply with the said order, the Magistrate may sentence
him to imprisonment for a term which may extend to one month. If there
is no person legally bound to maintain the alleged lunatic, or if the Magis-
trate thinks fit to do so, he may, on "being satisfied that the person deemed
to be a lunatic is a lunatic and a proper person to be detained under care
and treatment and on receipt of a necessary certificate from a medical officer,
make a reception order for the admission of such lunatic into a mental
hospital.

When a reception order has been passed, the Magistrate may, for reasons
to be recorded in writing, direct that the lunatic, pending his resaoval to a
mental hospital, be detained in suitable custody in such place as the
Magistrate thinks fit.

Under section 17 of the Indian Lunacy Act, 1912, the Commissioner of
Police may, in place of the Magistrate, hold inquiries in cases of alleged
lunacy, and issue a reception order in the Presidency-towns; and an officer
of the police-force not below the rank of an inspector in any <q£ r$i$e
Presidency-towns may perform all duties which an officer In ctepe'rw a
police-station is authorized or required to perform, i4l 5

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