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Start Free TrialMental Health Act, 1987 Section 48
Title: Admission, Detention and Retaking in Certain Cases
State: Central
Year: 1987
Evey person brought into a psychiatric hospital or psychiatric nursing home under any order made under this Act, may be detained or as the case may be, admitted as an inpatient therein until he is removed or is discharged under any law, and in case of his escape from such hospital or nursing home he may, by virtue of such order, be retaken by any police officer or by the medical officer incharge or any officer or servanl of such hospital or nursing home, or by any other person aumorised in that behalf by the medical officer in charge, and conveyed to, and received and detained or, as the case may be, kept as an inpatient in such hospital or nursing home: Provided that in the case of a mentally ill person (not being a mentally ill prisoner) thepower to retake as aforesaid under this section shall not be exercisable after the expiry of a period of one month from the date of his escape.
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Chapter V
Title: Inspection, Discharge, Leave of Absence and Removal of Mentally Ill Persons
State: Central
Year: 1987
.....mentally ill person (1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychialric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under those orders the mentally ill person is detained. (2) Where an application is received under sub-section (I), the authority shall, on such relative or friend furnishing a bond, wilh or without sureties, for such amount as such authority may specify in this behalf undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged. Section 43 - Discharge of person on his request (1) Any person (not being a mentally ill prisoner) detained in pursuance of an order made under this Act who feels that he has recovered from his mental illness, may make an application to the Magistrate, where necessary under.....
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Part IV
Title: Removal
State: Central
Year: 1987
.....is, in the opinion of the Disirict Courl, of such a nalure as ought to be performed, the Disirict Court may direct the manager appointed under this Act to perform such contract and to do such other acts in fulfilment of the contract as the Court considers necessary and thereupon the manager shall be bound to act accordingly. Section 63 - Disposal of business premises Where a mentally ill person had been engaged in business before he became menially ill, the District Court may, it" il appears to be for the benefit of the mentally ill person to dispose of his business premises, direct the manager appointed under this Act in relation to the property of such person to sell and dispose of such premises and to apply the sale proceeds thereof in such manner as the District Court may direct and thereupon the manager shall be bound to act accordingly. Section 64 - Manager may dispose of leases Where a mentally ill person is entitled to a lease or underlease, and it appears to the manager appointed under this Act in relation to the property of such person that it would be for thebenefit of the mentally ill person to dispose of such lease or underlease, such manager may, after.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
List Judgments citing this sectionMental Health Act, 1987 Complete Act
State: Central
Year: 1987
.....it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Mental Health Act, 1987. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act, and any reference in any provision to the commencement of this Act in a State shall be construed as a reference to the coming into force of that provision in that State. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "cost of maintenance", in relation to a mentally ill person admitted in a psychiatric hospital or psychiatric nursing home, shall mean the cost of such items as the State Government may, by general or special order, specify in this behalf; (b) "District Court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which the State Government may, by notification, specify as the Court.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Himachal
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. 54. Examination of arrested person by medical practitioner at the request of the.....
List Judgments citing this sectionExtradition Act, 1962 Chapter V
Title: Miscellanceous
State: Central
Year: 1962
.....of India, the Central Government and any Magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred by this Act. Section 24 - Discharge of person apprehended if not surrendered or returned within two months If a fugitive criminal who, in pursuance of this Act, has been committed to prison to await his surrender or return to any foreign State1[* * * * *] is not conveyed out of India within two months after such committal, the High Court upon application made to it by or on behalf of the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Central Government may order such prisoner to be discharged unless sufficient cause is shown to the contrary. ________________________ 1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993). Section 25 - Release of persons arrested on bail In the case of a person who is a fugitive criminal arrested or detained under this Act, the provisions of1[the Code of Criminal Procedure, 1973 (2 of 1974)], relating to bail shall apply in the same manner as they would apply if such person were accused of committing in India the.....
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 27
Title: Lawfulness Of, and Retaking on Escape from Custody Under Warrants
State: Central
Year: 1962
It shall be lawful for any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in custody and convey the person mentioned in the warrant to the place named in the warrant and if such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he may be re-taken as a person accused of an offence against the law of India (may be re-taken) upon an escape.
View Complete Act List Judgments citing this sectionGeneva Convention Act 1960 Schedule I
Title: First Schedule
State: Central
Year: 1960
.....the application thereof. (Translations. Rules of application.) CHAPTER IX REPRESSION OF ABUSES AND INFRACTIONS Article 49 The High contracting parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present convention defined in the following Article. (Penal sanctions. I. General observations.) Each High contracting party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High contracting party concerned. Provided such High contracting party has made out a prima facie case. Each High contracting party shall take measures necessary for the suppression of all acts contrary to the provisions of the present convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by.....
View Complete Act List Judgments citing this sectionRepatriation of Prisoners Act, 2003 Section 9
Title: Operation of Warrant and Retaking Prisoner
State: Central
Year: 2003
It shall be lawful for the person authorised by the contracting State to whom the custody of a prisoner is delivered under the provisions of sub-section (2) of section 8 to receive and hold in custody such prisoner and to convey him out of India and if the prisoner escapes from such custody within India, the prisoner may be arrested without warrant by any person who shall without undue delay deliver such prisoner to the officer in charge of the nearest police station and the prisoner so arrested shall be liable for committing an offence under section 224(45 of 1860.) of the Indian Penal Code and shall also be liable for such sentence of imprisonment in India which he would have to undergo if the delivery of custody of such prisoner had not been made under section 8.
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