Section 100 of MHCA : Section 100: Duties Of Police Officers In Respect Of Persons With Mental Illness

Explanation using Example

Imagine a scenario where a middle-aged man named Raj is observed by locals to be wandering aimlessly on the streets of his neighborhood, appearing disoriented and speaking to himself. Concerned for his safety and well-being, a passerby calls the local police station to report the situation. Officer Sharma, the officer in-charge, responds to the call.

Under Section 100(1)(a) of The Mental Healthcare Act, 2017, Officer Sharma has a duty to take Raj under protection, as he appears to have a mental illness and is incapable of taking care of himself. Officer Sharma approaches Raj, ensures his safety, and informs him gently that he will be taken to a public health establishment for his protection.

Following Section 100(3), Officer Sharma ensures that Raj is taken to the nearest public health establishment within 24 hours for an assessment of his healthcare needs, complying with the requirement that no person in such a situation should be detained in a police lockup or prison as per Section 100(4).

At the public health establishment, the medical officer evaluates Raj and determines under Section 100(6) that Raj does not require admission to a mental health facility. Officer Sharma is informed of this assessment, and he then assists Raj in returning home. If Raj had been homeless, Officer Sharma would have taken him to a government establishment for homeless persons.

Additionally, if Raj were homeless or his family could not be located, Officer Sharma would follow Section 100(7) by filing a First Information Report for a missing person and making efforts to trace Raj's family to inform them of his whereabouts.