84.

PENALTY FOR ESTABLISHMENT OR MAINTENANCE OF PSYCHIATRIC HOSPITAL OR PSYCHIAT

RIC NURSING HOME IN CONTRAVENTION OF CHAPTER III - . Any person who establishes
or maintains a psychiatric hospital or psychiatric nursing home in contraventio
n of the provisions of Chapter III shall, on conviction, be punishable with impr
iisonment for a term which may extend to three months, or with fine which may ex
tend to two hundred rupees, or with both, and in the case of a second or subsequ
ent offence, with imprisonment for a term which may extend to six months, or wit
h fine which may extend to one thousand rupees, or with both. a. Whoever, after
conviction under sub-section(1) continues to maintain a psychiatric hospital or
psychiatric nursing home in contravention of the provisions of Chapter III shal
l, on conviction, be punishable with fine which may extend to one hundred rupees
, for every day after the first day during which the contravention is continued.
COMMENT This section makes provision for penalty for establishment or mainten
ance of psychiatric hospital/nursing home in contravention of the provisions of
Chapter III. 85. PENALTY FOR IMPROPER RECEPTION OF MENTALLY ILL PERSON - Any pe
rson who receives or detains or keeps a mentally ill person in a psychiatric hos
pital or psychiatric nursing home otherwise than in accordance with the provisio
n of this Act, shall, on conviction, be punishable with imprisonment for a term
which may extend to two years or with fine which may extend to one thousand rupe
es, or with both. COMMENT This section makes provision for penalty for imprope
r reception of mentally ill
85. PENALTY FOR IMPROPER RECEPTION OF MENTALLY ILL PERSON - Any person who recei
ves or detains or keeps a mentally ill person in a psychiatric hospital or psych
iatric nursing home otherwise than in accordance with the provision of this Act,
shall, on conviction, be punishable with imprisonment for a term which may exte
nd to two years or with fine which may extend to one thousand rupees, or with bo
th.
88. OFFENCES BY COMPANIES - . Where an offence under this Act has been committe
d by a company, every person who, at the time of offence was committed, was in c
harge of, and was responsible to, the company for the conduct of the business of
the company, as well as the company, shall be deemed to be guilty of the offenc
e and shall be liable to be proceeded against and punished accordingly: a. Notw
ithstanding anything contained in sub-section (1), where an offence under this A
ct has been committed by a company and it is proved that the offence has been co
mmitted with the consent or connivance of, or is attributable to any neglect on
the part of, any director, manager, secretary or other officer of the company, s
uch director, manager, secretary or other officer shall also be deemed to be gui
lty of that offence and shall be liabale to be proceeded against and punished ac
cordingly. EXPLANATION - For the purposes of this section - b. "company" means
a body corporate and includes a firm or other association of individuals; and
c. "director", in relation to a firm, means a partner in the firm. COMMENTS This
section deals with the offences under this Act committed by companies.
The fundamental right to life and liberty as interpreted by the Supreme Court of
India in number of landmark cases includes the right to live with human dignity
and the right to health. The Supreme Court has also laid down the maintenance a
nd improvement of public health is one of the obligations that flow from Article
21 of the Constitution. This means that mentally ill have the fundamental/human
right to receive equality mental health care and to humane living conditions in
the mental hospitals. The right to life in Article 21 of the Constitution means
something more than survival of animal existence. The concern with this group
are two folds not only providing the privileges to live in society along with ot
her citizens but also ensuring their right to protection from exploitation.