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CHAPTER 17
LUNATICS
PART D -- NON-CRIMINAL LUNATICS
1. Reception order when passed.-- Reception orders are dealt with in Chapter II
of the Lunacy Act, 1912. The most important provisions relate to-
(a) reception orders passed on a petition;
(b) reception orders passed on a Police report or information otherwise received by a
Magistrate.
2. Who may pass reception order.-- Such orders may be passed by a District
Magistrate, a Sub-Divisional Magistrate, or a Magistrate of the Ist Class specially
empowered in this behalf by the Provincial Government.
3. Reception orders on petition.-- Reception orders passed on a petition are
dealt with in sections 5 to 11. The most important provisions to be noted by Magistrates
are--
(a) the petition should be presented by a relative; if not, reasons must be given.
(b) there must be two medical certificates, on separate sheets of paper, one of which
must be from a gazetted Medical Officer of Government (unless any other Medical
practitioner has been specially declared competent).
(c) if the lunatic is not dangerous or unfit to be at large, no order may be passed,
unless it has been ascertained that the Mental Hospital is willing to receive him, and
some person undertakes to pay for his cost of maintenance.
4. Reception orders passed otherwise.-- Sections 13 to 16 deal with orders
passed otherwise than on petition. Such orders may be passed on the ground that person
presented is--
(a) dangerous by reason of lunacy;
(b) not under proper care and control; or
(c) cruelly treated or neglected by any relative or other person having charge of him.
Reports under (a) may be presented only by the Police. Information under (b) and (c)
may be given by the Police or any other person.
5. Period of detention for medical examination.-- Section 16 *[empowers]
the Magistrate to order detention up to ten days to enable observation by a Medical
Officer. If further time is required, there must be a fresh order, in the same way as with
remands; but the total period of detention must not exceed thirty days from the date on
which the person has first been brought before the Magistrate.
6. Copy of reception order to be sent to Mental Hospital.-- A certified copy of
every reception order must be sent to the Medical Superintendent of the Mental Hospital.
7. Questions to be put to medical witnesses in case of suspected insanity.-- For
questions which may suitably be put to a medical witness in case
of persons suspected of insanity, see Chapter 18, "Medico-Legal Work" Part D,
Appendix B, VIII.
8. Inquiry as to the domicile of the lunatic.-- A Magistrate making a reception
order under section 14 or 15 of the Act, shall, after ascertaining that accommodation is
available, direct the reception of the lunatic into the Punjab Mental Hospital, Lahore. He
shall, in all cases, make strict inquiry as to the domicile of the lunatic, and shall see
that entry to that effect is made in the medical history sheet
(Form 9, page XLVII, in the Appendices to the Punjab Mental Hospital Manual) or is
communicated as soon as possible to the Medical Superintendent of the Hospital in which
the lunatic is to be admitted.
9. Admission of a lunatic in the Mental Hospital in another province.-- A
Magistrate cannot authorise the admission of a lunatic under sections 511 of the Act into
a Mental Hospital in another province, except under a general or special order of the
Provincial Government made in this behalf (section 85 of the Act). In all such cases he
shall first satisfy himself that accommodation is available, and that the cost of
maintenance will be paid (section 11). In order to effect the earliest possible treatment
of the patient action shall be taken as soon as possible and the Magistrate shall furnish
to Government in writing full details as to domicile, reasons for the admission, fees
agreed to, etc.
10. Action to be taken on subsequent discovery of the domicile of the lunatic in
another province.-- As soon as it is known that a lunatic, who has been admitted to
the Punjab Mental Hospital, is domiciled elsewhere than in the Punjab, the fact (with
details of the case) should be brought to the notice of the Provincial Government, so that
action for the removal of the lunatic may, if advisable, be initiated early with the
Government of the Province of domicile under section 35 of the Act.
11. Documents to be sent when lunatic is to be admitted to Mental Hospital.-- No
patient can be admitted to the Punjab Mental Hospital unless accompanied by the following
documents:-
(a) In the case of patients admitted under sections 13 to 16 of the Lunacy Act, (IV of
1912), a Detention Order authorising his detention for observation for a period of not
exceeding 10 days, a Police report, and a statement of particulars ***[...].
(b) In the case of a patient who has been kept under *[observation]
at a Jail or Civil Dispensary prior to admission to the Punjab Mental Hospital the
following documents are necessary:-
(i) Copy or the original order for detention.
(ii) Medical Certificate of observing Medical Officer.
(iii) Final Reception Order bearing the seal of the court, and dated within seven clear
days of the Medical Certificate.
(iv) Police report or statement of particulars.
(v) In the case of patients who have not been admitted within 14 clear days of the
Medical Certificate, a certificate should be sent stating the reasons and where the
patient has been confined pending his removal to the Mental Hospital.
(c) In the case of patients admitted under sections 5 to 11 of the Lunacy Act:-
(i) Two medical certificates, dated not more than 7 clear days before.
(ii) Application of relatives or friends and statement of particulars.
(iii) Reception order bearing the seal of the court.
Note:- Patients must be admitted within 14 days of the date of the Medical
Certificate, -vide Punjab Government letter No. 396-A (Home-jails) dated the 26th
September, 1914. Committing Magistrates are further referred to Punjab Government letter
No. 17652-Medical, dated the 31st May, 1928, and are informed that, in accordance with the
orders contained in paragraph 11 above, it will be necessary to report to Government all
instances in which Committing Magistrates fail to comply with the provisions of the Lunacy
Act, 1912, which have been summarized in this order.
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