MENTAL DISEASES

(1) The District Court shall thereupon, with as little delay as possible, cause such person so suspected to be of unsound mind (hereafter called suspected person) to be brought before it, and, either then or at some other date for which the court may see reason to adjourn the inquiry, proceed to view and examine the said person, and, if need be, to hear evidence, to enable it to determine as to the state of mind of the said person.

(2) If upon such view and examination, or other proof, the District Court shall be satisfied that such person is or is not of unsound mind, it shall adjudicate accordingly :

Provided that it shall he lawful for the court, should it deem it necessary to subject the suspected person to further observation, to remand the suspected person once or oftener for such reasonable time as shall be specified in the order of remand to the custody of the Fiscal; and Provided further, that it shall be the duty of the court so to remand such person in all cases where the court considers that the said person is of sound mind but two medical practitioners certify to the contrary.

(3) At the expiration of the time fixed for the remand the court shall hear evidence and find the said person of sound or of unsound mind as to it shall seem fit, and shall accordingly either discharge him or direct his further detention, as in section 5 provided.

(4) All persons so remanded shall be kept in such place as the Minister shall appoint, and shall be subject to the inspection of such persons as the Minister shall nominate.

(1) Where a District Court, holding an inquiry under section 3 into the state of mind of a suspected person, deems it necessary to subject such person to further observation, and no house of observation within the jurisdiction of the court has been appointed by the Minister under that section, the court (hereinafter referred to as the original court) shall-

(2) The examining court, on the expiration of the time fixed for the remand-

(3) After the expiration of the time fixed for the remand, the inquiry into the state of mind of the suspected person shall not be continued, whether by the original court under section 3 or by the examining court under this section, except in the presence of such person:

Provided, however, that where the state of health or the behaviour of such person is such as to render either his presence or his participation in the proceedings in a court-house undesirable, the District Court by which the inquiry is continued may either dispense with the presence of such person at the inquiry or continue the inquiry at the house of observation where such person is kept.

(4) Where the examining court, after inquiry continued under this section, adjudges the suspected person to be of unsound mind, the court shall direct the further detention of such person until an order under section 5 is made in respect of that person by the original court, and shall forthwith return the record of the inquiry to the original court to enable that court to make such order.

(5) Where the examining court, after inquiry continued under this section, adjudges the suspected person to be of sound mind, that court shall make order discharging such person. Where any person so discharged does not have the necessary means to enable him to return to his home or other place of residence, the court shall make order directing such person to be conveyed by Government to his home or other place of residence or allowed such reasonable batta or sum for his travelling expenses thereto as shall be approved by the Minister by any rule or order to be issued for that purpose. Any order made under this subsection may contain such further directions as the court may consider necessary to secure the safe return of the discharged person to his home or other place of residence, and the Fiscal shall give effect to such order.

(6) Any adjudication on the question whether the suspected person is of sound or unsound mind, and any order for the further detention or the discharge of the suspected person, made by the examining court under this section, shall be deemed for all purposes to be an adjudication or an order, as the case may be, made by the original court, and shall have effect accordingly.

(1) If any fit relative or friend is prepared to undertake to enter into sufficient security for the proper custody, care, and maintenance of the person adjudged to be of unsound mind, it shall be lawful for the court to order that the person so adjudged should be placed in his charge and under his control. But if not fit relative or friend will undertake as aforesaid, the District Court shall order that such person be kept in custody until the Minister’s pleasure shall be known; whereupon the Minister may issue his order to order the removal of such person to a mental hospital, and may give such further order for the safe custody of such person in such place or manner as to the Minister shall seem fit:

Provided that it shall be lawful for any relative or friend who shall have undertaken to enter into security as aforesaid, or who shall have entered into such security, to surrender such person to the court, whereupon it shall be the duty of the court to order that such person be kept in custody until the Minister’s pleasure shall be known.

(2) Until the Minister’s order shall be received it shall be the duty of the Fiscal to detain such person in the place appointed by the Minister for the reception of persons under remand for further observation.

(1) In any case where it appears to be necessary that a person suspected to be of unsound mind should, either for his own sake or that of the public, be forthwith placed under observation, an emergency order for the immediate removal of that person to a house of observation may be issued by any Justice of the Peace before whom he is produced.

(2) The application for an emergency order shall-

(3) Every application for an emergency order shall be supported by the sworn testimony or affidavit of the applicant stating-

(4) The Justice of the Peace to whom an application for an emergency order is made, shall, before he issues the order, satisfy himself by questioning or observing the suspected person or by such other inquiry as he may deem necessary, and shall set out in the order that he is satisfied-

(5) Every emergency order issued under this section shall specify the house of observation to which the suspected person is to be removed, and shall be sufficient authority for the Superintendent of that house of observation to admit the suspected person to that house of observation and to detain him therein for a period not exceeding two weeks.

(6) The Superintendent of a house of observation shall, within twenty-four hours of the admission of a suspected person into that house of observation on an emergency order, give information of the admission to the District Court having jurisdiction over the place where the house of observation is situated, and apply for an inquiry into the state of mind of the suspected person.

(7) The provisions of sections 3 and 4 shall apply to all proceedings upon an application made under subsection (6), and the discharge or the further detention of the suspected person shall be in accordance with such order as may be made by the court under those sections.

(8)

(1) When application at any time by any guardian or relative or friend of a take persons person of unsound mind confined in any mental hospital, or in the custody of the Fiscal for the purpose of being transferred to a mental hospital (not being under any criminal warrant) shall be made to the Minister, requesting that such person may be delivered over to the care and maintenance of such relative or friend, it shall be lawful for the Minister, if he shall see fit to do so, and upon such reasonable security as may be required being given by such guardian or relative or friend to take care of and maintain such person, to direct the immediate discharge of such person.

(2) Upon the recovery of any person Discharge on confined in a mental hospital (not being recovery. under any criminal warrant) and such recovery being certified by the medical officer in charge of such mental hospital, he shall be discharged by order of the Superintendent of such hospital; and in all cases where any such person shall have been removed under the provisions of this Ordinance to any”mental hospital out of the district to which he belongs, such person shall, if he does not have the necessary means to enable him to return to his home or other place of residence upon being discharged from such mental hospital upon his recovery, be conveyed back by Government to his home or other place of residence, or be allowed such reasonable batta or sum for his travelling expenses thereto as shall be approved by the Superintendent of such hospital.

Any order of discharge made by the Superintendent under this subsection may contain such directions as the Superintendent may consider necessary to secure the safe return of the discharged person to his home or other place of residence, and the Fiscal shall give effect to such order.

(1) If any person under imprisonment in any jail shall become of unsound mind, and a report shall be made to the Minister in charge of the subject of Justice by the Fiscal of the District Court within whose jurisdiction the said jail is situated, with a certificate of the medical officer thereof, that such person is of unsound mind, it shall be lawful for the Minister in charge of the subject of Justice to direct by warrant under his hand that such person shall be removed to the mental hospital named in such warrant, to be there detained until the expiration of the sentence under which such person may have been imprisoned.

(2) If any person shall become of sound mind before the expiration of his sentence, of which the period of his detention in such mental hospital shall be reckoned as part, the Minister in charge of the subject of Justice shall thereupon issue his warrant to the Superintendent of the mental hospital, directing that such person shall be removed back from thence to the jail or other place of confinement from whence he shall have been taken, or shall give such other orders thereon as to the Minister in charge of the subject of Justice shall seem fit. And the Fiscal from whose custody any person shall be removed to such mental hospital shall, at the time of delivering over such person, furnish the Superintendent of such mental hospital with a copy of the sentence under which such person shall have been imprisoned.

(1) In all cases where a person of unsound mind is kept in custody and removed to a mental hospital under section 5, the Superintendent of that hospital shall forward forthwith the name of the person, and such other particulars as may be available, to the Government Agent of the administrative district or each of the administrative districts in which that person previously resided or was found wandering.

(2) The Government Agent or Agents shall thereupon cause investigations to be made and shall report to the District Court, by which the person was ordered to be kept in custody, whether that person is possessed of any property which can be applied for his maintenance, or whether there is any relative or guardian who is able and legally bound to maintain that person.

(3) On receipt of the report or reports made under subsection (2), the District Court shall hold an inquiry as to the property or such other circumstances of that person as may be referred to or set out in the report or reports.

(1) If at the inquiry held under section 11, the District Court is satisfied that the person kept in custody in the mental hospital is possessed of property sufficient in value and capable of being applied for his maintenance, the court shall-

and the manager so appointed or, as the case may be, the person to whom any money or the proceeds of any property realized under the order of the court has been paid, shall thereafter be responsible for the payment, at the rate specified in the order of the court, of the expenses of the maintenance and care of that person while he is kept in custody in the mental hospital. or by persons able and legally .

(2) Where the District Court is satisfied that the person kept in custody Bound to support them mental hospital is not possessed of any property but that there is a relative or guardian able and legally bound to maintain that person, the court shall call upon such relative or guardian to show cause why he should not be ordered to pay the whole or any reasonable part of the expenses of the maintenance and care of that person, and if sufficient cause is not shown, the court may make order accordingly ; and every order so made shall, upon the application of the Superintendent of the mental hospital, be enforced in accordance with the provisions of section 8 of the Maintenance Ordinance, by any Family Court* having jurisdiction over the place of residence for the time being of the relative or guardian bound by the order.(* The jurisdiction of the Family Court in maintenance matters has since been removed from such Court by the Judicature (Amendment) Act, No. 71 of 1981, and revested in the Magistrates Courts)

(1) It shall be lawful for the Minister to nominate and appoint one or more fit and proper persons to be Visitors of any mental hospital, and any Visitor so appointed to remove and to appoint another in his stead.

(2) Every Visitor so appointed shall be at liberty to enter at all times any such mental hospital and to make such inquiries or examination therein as to him shall appear necessary; and Visitors are hereby required to visit such mental hospital at least once in every month, unless prevented by illness or other sufficient cause, and from time to time, to make such reports to the Director of Health Services as may be required by order of the Minister.

(3) Any Superintendent or keeper of such mental hospital or other person, who shall at any time refuse admittance to any such Visitor or offer to him any hindrance or obstruction, shall be guilty of an offence, and be liable to a fine not exceeding fifty rupees.

(1) If any person detained in a mental hospital under the provisions of this Ordinance, and not being an insane criminal, escapes, he may be retaken at any time within fourteen days of his escape by the Superintendent of the mental hospital, or by any officer or servant thereof, or by anyone authorized in writing by such Superintendent, and conveyed to, received, and detained in such mental hospital.

(2) In the case of the escape of an insane criminal, the provisions of the last preceding subsection shall apply without any limitation as to time.

(1) The Minister in charge of the subject of Justice may, on the recommendation in writing of the Superintendent of a mental hospital, permit, by order, any person detained in a mental hospital, and not being an insane criminal, to be absent on trial for a period to be named in such order.

(2) If at any time within the period mentioned in such order it appears to such Superintendent that the further detention of such person in the mental hospital is necessary, such Superintendent, or any person authorized by him in writing, may take such person, and such person may thereupon be conveyed to, received, and detained in the mental hospital.

(3)

(a) of the person suspected or adjudged to be of unsound mind ; or

(b) of any relative or friend of the person suspected or adjudged to be of unsound mind ; or

(c) of the Attorney-General or of any State Counsel; or

(d) of the Inspector-General of Police; or

(e) of the Director of Health Services; or

(f) of the Commissioner of Prisons; or

(g) of any medical practitioner who shall have certified or testified to the state of mind of the person suspected or adjudged to be of unsound mind.

(1) Any person of the age of not less than sixteen years who is desirous of voluntarily submitting himself to treatment for mental illness may, if he makes a written application for the purpose to the Superintendent of any mental hospital, be received as a voluntary patient in that hospital.

(2) Any person under the age of sixteen years whose parent or guardian is desirous of submitting him to treatment for mental illness may, if the parent or guardian makes a written application for the purpose accompanied by a medical recommendation to the Superintendent of any mental hospital, be received as a voluntary patient in that hospital.

(3) The medical recommendation referred to in subsection (2) shall-

(4) A medical recommendation from a medical practitioner shall cease to have effect for the purposes of this section on the expiration of fourteen days after the last date on which the person to whom the recommendation relates was examined by such practitioner for the purpose of making the recommendation.

(1) Where any person is received as a voluntary patient in any mental hospital, notice of his reception shall, before the expiration of the second day after the day on which he was so received, be sent to the Director of Health Services by the Superintendent of that hospital.

(2) Where any person received as a voluntary patient in any mental hospital leaves that hospital or dies therein, notice of the departure or death shall, before the expiration of the second day after the date of the departure or death, be sent to the Director of Health Services by the Superintendent of that hospital.

(1) Where a person received as a voluntary patient in a mental hospital becomes at any time incapable of expressing himself as willing or unwilling to continue to receive treatment, such person-

(2) Where the Superintendent of any mental hospital is of opinion that the mental state of a person received as a voluntary patient in that hospital is such as to render it unnecessary for that person to remain as a voluntary patient in that hospital, the Superintendent may discharge that person from that hospital.

(3) Where the Superintendent of any mental hospital is of the opinion that the mental state of a person received as a voluntary patient in that hospital is such as to render that person unfit to remain as a voluntary patient in that hospital, the Superintendent may either discharge that person from that hospital or take steps to deal with that person under this Ordinance either as a person of unsound mind or as a person suffering from mental illness who is likely to benefit by temporary treatment in a mental hospital.

(1) Subject to the other provisions of this section, a person who is suffering from mental illness and is likely to benefit by temporary treatment in a mental hospital but is for the time being incapable of expressing himself as willing or unwilling to receive such treatment may, on a written application made under this section, be received as a temporary patient in any mental hospital for the purpose of treatment.

(2) An application to receive a person as a temporary patient in any mental hospital for the purpose of treatment-

(3) Each of the medical practitioners by whom a recommendation under this section is to be made shall, before signing the recommendation, examine the person to whom the recommendation relates either separately or in conjunction with the other and shall specify in the recommendation the date on which he so examined such person and the grounds on which he bases his recommendation.

(4) A recommendation made by two medical practitioners under this section in respect of any person-

(1) Where any person is received as a temporary patient in any mental hospital, notice of his reception shall, before the expiration of the second day after the date on which he was so received, be sent to the Director of Health Services by the Superintendent of that hospital.

(2) Where any person received as a temporary patient in any mental hospital leaves that hospital or dies therein, notice of the departure or death shall, before the expiration of the second day after the date of the departure or death, be sent to the Director of Health Services by the Superintendent of that hospital.

(1) Subject to the other provisions Detention and of this section, a person received as a discharge of temporary patient in any mental hospital may be detained in that hospital for a period not exceeding one year but shall not be detained as such for any longer period.

(2) Where any person received as a temporary patient in any mental hospital becomes capable of expressing himself as willing or unwilling to continue to receive treatment, he shall not thereafter be detained in that hospital as a temporary patient for more than twenty-eight days unless in the meantime he has again become incapable of so expressing himself.

(3) Where it is anticipated that a person who is undergoing treatment as a temporary patient in. any mental hospital will not recover within a period of one year but his early recovery appears reasonably probable, he may, upon application made on his behalf in accordance with subsection (4), be detained in that hospital as a temporary patient beyond one year for such period not exceeding three months, or for such periods not exceeding six months in the aggregate, as may be determined by the Superintendent of that hospital.

(4) An application under subsection (3) in respect of any person shall, if possible, be made by the spouse or a relative of such person, or, on the request of such spouse or relative, by any other person, and, if the application is not so made, it shall contain a statement of the reason why it is not so made, of the connection of the applicant with such person and of the circumstances in which he makes the application.

(5) Where the Superintendent of any mental hospital is of opinion that the mental state of any person received as a temporary patient in that hospital is such as to render it unnecessary for such person to remain as a temporary patient in that hospital, the Superintendent may discharge such person from that hospital.

(6) Where the Superintendent of any mental hospital is of opinion that the mental state of any person received as a temporary patient in that hospital is such as to render that person unfit to remain as a temporary patient in that hospital, the Superintendent may either discharge that person from that hospital or take steps to deal with that person under this Ordinance as a person of unsound mind.

(a) that any person received as a voluntary patient, or a temporary patient, in any mental hospital shall be discharged from that hospital, or

(b) that steps shall be taken to deal with such patient under this Ordinance as a person of unsound mind, and it shall be the duty of the Superintendent of that hospital to comply with that order.

(a) every person shall be deemed to be of unsound mind who is so far deranged in mind as to render it necessary that he, either for his own sake or that of the public, should be placed under control; and

(b) ” house of observation” means a building or part of a building appointed by the Minister under section 3 as a place for the observation of the behaviour of persons suspected to be of unsound mind;

” medical officer” means a medical practitioner who is an officer of the Department of Health;

” medical practitioner” means a person registered as a medical practitioner under the Medical Ordinance.

(c) ” insane criminal” means any of the following persons:-