THE MENTAL HEALTH ACT, 1987

1. 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 date 1 as 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.

---------------------------------------
1. Came into force on 1-4-1993 vide S.O. 43(E),
dated 11th January, 1993, published in the Gazette
of India, Extra., Pt. II, Sec. 3 (ii), dated 11th
January, 1993.
---------------------------------------

THE MENTAL HEALTH ACT, 1987

25. Order in case of mentally ill person cruelly

treated or not under proper care and control.—(1)
Every officer in charge of a police station, who has
reason to believe that any person within the limits of his
station is mentally ill and is not under proper care and
control, or is ill-treated or neglected by any relative or
other person having charge of such mentally ill person,
shall forthwith report the fact to the Magistrate within
the local limits of whose jurisdiction the mentally ill
person resides.
(2) Any private person who has reason to believe
that any person is mentally ill and is not under proper
care and control, or is ill-treated or neglected by any
relative or other person having charge of such mentally
ill person, may report the fact to the Magistrate within
the local limits of whose jurisdiction the mentally ill
person resides.
(3) If it appears to the Magistrate, on the report of a
police officer or on the report or information derived
from any other person, or otherwise that any mentally ill
person within the local limits of his jurisdiction is not
under proper care and control, or is ill-treated or
neglected by any relative or other person having the
charge of such mentally ill person, the Magistrate may
cause the mentally ill person to be produced before him,
and summon such relative or other person who is, or
who ought to be in charge of, such mentally ill person.
(4) If such relative or any other person is legally
bound to maintain the mentally ill person, the Magistrate
may, by order, require the relative or the other person to
take proper care of such mentally ill person and where
such relative or other person wilfully neglects to comply
with the said order, he shall be punishable with fine
which may extend to two thousand rupees.
(5) If there is no person legally bound to maintain the
mentally ill person, or if the person legally bound to
maintain the mentally ill person refuses or neglects to
maintain such person, or if, for any other reason, the
Magistrate thinks fit so to do, he may cause the mentally
ill person to be produced before him and, without
prejudice to any action that may be taken under sub-
section (4), proceed in the manner provided in section
24 as if such person had been produced before him
under sub-section (3) of section 23.

THE MENTAL HEALTH ACT, 1987

3. Central Authority for Mental Health Services.—(1) The

Central Government shall establish an Authority for mental health
with such designation as it may deem fit.
(2) The Authority established under sub-section (1) shall be
subject to the superintendence, direction and control of the Central
Government.
(3) The Authority established under sub-section (1) shall—
(a) be in charge of regulation, development, direction
and co-ordination with respect to Mental Health Services
under the Central Government and all other matters
which, under this Act, are the concern of the Central
Government or any officer or authority subordinate to the
Central Government;
(b) supervise the psychiatric hospitals and psychiatric
nursing homes and other Mental Health Service Agencies
(including places in which mentally ill persons may be kept
or detained) under the control of the Central Government;
(c) advise the Central Government on all matters
relating to mental health; and
(d) discharge such other functions with respect to
matters relating to mental health as the Central
Government may require.
Explanation.—For the purposes of this section and section
 4, “Mental Health Services” include, in addition to
psychiatric hospitals and psychiatric nursing homes,
observation wards, day-care centres, inpatient treatment
in general hospitals, ambulatory treatment facilities and
other facilities, convalescent homes and half-way-homes
for mentally ill persons.
COMMENTS
The Central Government has to establish an
Authority for mental health. The Authority so
established has to function under the
superintendence, direction and control of the
Central Government. The Authority shall be in
charge of regulation, development, direction and
coordination with respect to Medical Health
Services under the Central Government. It shall
supervise the psychiatric hospitals and psychiatric
nursing homes and other Mental Health Service
Agencies under the control of the Central
Government. It shall advise the Central Government
on all matters relating to mental health.
THE MENTAL HEALTH ACT, 1987

4. State Authority for Mental Health Services.—(1) The State

Government shall establish an Authority for mental health with such
designation as it may deem fit.
(2) The Authority established under sub-section (1) shall be
subject to the superintendence, direction and control of the State
Government.
(3) The Authority established under sub-section (1) shall—
(a) be in charge of regulation, development and co-
ordination with respect to Mental Health Services under the
State Government and all other matters which, under this
Act, are the concern of the State Government or any officer
or authority subordinate to the State Government;
(b) supervise the psychiatric hospitals and psychiatric
nursing homes and other Mental Health Service Agencies
(including places in which mentally ill persons may be kept
or detained) under the control of the State Government;
(c) advise the State Government on all matters relating to
mental health; and
(d) discharge such other functions with respect to matters
relating to mental health as the State Government may
require.
COMMENTS
The Chief Secretary or Additional Chief Secretary
designated by him shall be the nodal agency to
coordinate all activities involved in implementation of
Mental Health Act, the powers with disabilities (Equal
Opportunities, Protection of Rights and Full
Participation) Act, 1955 and National Trust for
Welfare of Persons with Autism Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act,
1999. He shall ensure that there are no jurisdictional
problems or impediments to the effective
implementation of the three Acts between different
Ministries or Departments. At the Central level, the
Cabinet Secretary, Government of India or any
Secretary designated by him shall be the nodal
agency for the same purpose; In re: Death of 25
Chained Inmates In Asylur Fire in Tamil Nadu v. Union
of India, AIR 2002 SC 979.

THE MENTAL HEALTH ACT, 1987

78. Cost of maintenance to be borne by Government in

certain cases.—The cost of maintenance of a mentally ill person
detained as an inpatient in any psychiatric hospital or psychiatric
nursing home shall, unless otherwise provided for by any law for the
time being in force, be borne by the Government of the State wherein
the authority which passed the order in relation to the mentally ill
person is subordinate, if—
(a) that authority which made the order has not taken an
undertaking from any person to bear the cost of
maintenance of such mentally ill person, and
(b) no provision for bearing the cost of maintenance of
such a District Court under this Chapter.

THE MENTAL HEALTH ACT, 1987

91. Legal aid to mentally ill person at State expense in

certain cases.—(1) Where a mentally ill person is not represented by a
legal practitioner in any proceeding under this Act before a District Court
or a Magistrate and it appears to the District Court or Magistrate that
such person has not sufficient means to engage a legal practitioner, the
District Court or Magistrate shall assign a legal practitioner to represent
him at the expense of the State.
(2) Where a mentally ill person having sufficient means to engage a
legal practitioner is not represented by a legal practitioner in any
proceeding under this Act before a District Court or a Magistrate and it
appears to the District Court or Magistrate, having regard to all the
circumstances of the case, that such person ought to be represented by
a legal practitioner, the District Court or Magistrate may assign a legal
practitioner to represent him and direct the State to bear the expenses
with respect thereto and recover the same from out of the property of
such person.
(3) The High Court may, with the previous approval of the State
Government, make rules providing for—
 (a) the mode of selecting legal practitioners for the purpose of
sub-sections (1) and (2);
(b) the facilities to be allowed to such legal practitioners;
(c) the fees payable to such legal practitioners by the
Government and generally for carrying out the purpose of sub-
sections (1) and (2).
Explanation.—In this section “legal practitioner” shall have the
meaning assigned to it in clause (i) of section 2 of the
Advocates Act, 1961 (25 of 1961).
COMMENTS
If any mentally ill person does not have sufficient
means to engage a legal practitioner to represent him
in any proceeding under this Act before a District Court
or a Magistrate then the District Court or Magistrate
shall assign a legal practitioner to represent him at the
expense of the State.

THE MENTAL HEALTH ACT, 1987

90. Pension, etc., of mentally ill person payable by

Government.—Where any sum is payable in respect of pay, pension,
gratuity or any allowance to any person by any Government and the
person to whom the sum is payable is certified by a Magistrate under
this Act to be a mentally ill person, the officer under whose authority
such sum would be payable, may pay to the person having charge of
the mentally ill person so much of the said sum, as he thinks fit,
having regard to the cost of maintenance of such person and may
pay to such members of the family of the mentally ill person as are
dependent on him for maintenance, the surplus, if any, or such part
thereof, as he thinks fit, having regard to the cost of maintenance of
such members.
(2) Where there is any further surplus amount available out of the
funds specified in sub-section (1) after making payments as provided
in that sub-section, the Government shall hold the same to be dealt
with as follows, namely:—
(a) where the mentally ill person is certified to have
ceased to be mentally ill by the District Court within the local
limits of whose jurisdiction such person resides or is kept or
detained, the whole of the surplus amount shall be paid back
to that person;
(b) where the mentally ill person dies before payment, the
whole of the surplus amount shall be paid over to those of
his heirs who are legally entitled to receive the same;
(c) where the mentally ill person dies during his mental
illness without leaving any person legally entitled to succeed
to his estate, the whole of the surplus amount shall, with the
prior permission of the District Court, be utilised for such
charitable purpose as may be approved by the District Court.
 (3) The Central Government or the State Government, as the case
may be, shall be discharged of all liability in respect of any amounts
paid in accordance with this section.