Section 42: Order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person

Q: What does Section 42 of The Mental Health Act, 1987 (TMHA) deal with?

Section 42 TMHA pertains to "Order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person". It is part of the The Mental Health Act, 1987, a legislation enacted by the Parliament of India. Section 42 of The Mental Health Act, 1987 (TMHA) governs order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person. As verified on 19 May 2026.

Q: Is Section 42 TMHA still in force?

Yes, Section 42 of the The Mental Health Act, 1987 is currently in force across the Republic of India.

Q: What is धारा 42 TMHA?

धारा 42 TMHA is the Devanagari Hindi reference for Section 42 of the The Mental Health Act, 1987. Section 42 of The Mental Health Act, 1987 (TMHA) governs order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person. As verified on 19 May 2026.

Q: What is Dhara 42 TMHA?

Dhara 42 TMHA is the Roman Hindi reference for Section 42 of the The Mental Health Act, 1987. "Dhara" means "Section" in Hindi. Section 42 of The Mental Health Act, 1987 (TMHA) governs order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person. As verified on 19 May 2026.

Q: How to cite Section 42 of The Mental Health Act, 1987?

Cite as: "Section 42, The Mental Health Act, 1987 (TMHA)" in legal briefs. For academic writing, use the BlueBook format: The Mental Health Act, 1987, § 42 (India).

Law on Tips Editorial Board

(1)

Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychiatric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under whose orders the mentally ill person is detained.

(2)

Where an application is received under sub-section (1), the authority shall, on such relative or friend furnishing a bond, with or without sureties, for such amount as such authority may specify in this behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged.