Section 45: Leave of absence

Q: What does Section 45 of The Mental Health Act, 1987 (TMHA) deal with?

Section 45 TMHA pertains to "Leave of absence". It is part of the The Mental Health Act, 1987, a legislation enacted by the Parliament of India. Section 45 of The Mental Health Act, 1987 (TMHA) governs leave of absence. As verified on 19 May 2026.

Q: Is Section 45 TMHA still in force?

Yes, Section 45 of the The Mental Health Act, 1987 is currently in force across the Republic of India.

Q: What is धारा 45 TMHA?

धारा 45 TMHA is the Devanagari Hindi reference for Section 45 of the The Mental Health Act, 1987. Section 45 of The Mental Health Act, 1987 (TMHA) governs leave of absence. As verified on 19 May 2026.

Q: What is Dhara 45 TMHA?

Dhara 45 TMHA is the Roman Hindi reference for Section 45 of the The Mental Health Act, 1987. "Dhara" means "Section" in Hindi. Section 45 of The Mental Health Act, 1987 (TMHA) governs leave of absence. As verified on 19 May 2026.

Q: How to cite Section 45 of The Mental Health Act, 1987?

Cite as: "Section 45, The Mental Health Act, 1987 (TMHA)" in legal briefs. For academic writing, use the BlueBook format: The Mental Health Act, 1987, § 45 (India).

Law on Tips Editorial Board

(1)

An application for leave of absence on behalf of any mentally ill person (not being a mentally ill prisoner) undergoing treatment as an inpatient in any psychiatric hospital or psychiatric nursing home may be made to the medical officer in charge,

(a) in the case of a person who was admitted on the application of the husband or wife, by the husband or wife of such mentally ill person, or where by reason of mental or physical illness, absence from India or otherwise, the husband or wife is not in a position to make such application, by any other relative of the mentally ill person duly authorised by the husband or wife, or

(b) in the case of any other person, by the person on whose application the mentally ill person was admitted:

(2)

Every application under sub-section (1) shall be accompanied by a bond, with or without sureties for such amount as the medical officer in charge may specify, undertaking

(i) to take proper care of the mentally ill person,

(ii) to prevent the mentally ill person from causing injury to himself or to others, and

(iii) to bring back the mentally ill person to the psychiatric hospital or, as the case may be, psychiatric nursing home, on the expiry of the period of leave.

(3)

On receipt of an application under sub-section (1), the medical officer in charge may grant leave of absence to the mentally ill person for such period as the medical officer in charge may deem necessary and subject to such conditions as may, in the interests of the health and personal safety of the mentally ill person or for the protection of others, be specified in the order:

Provided that the total number of days for which leave of absence may be granted to a patient under this sub-section shall not exceed sixty days.

(4)

Where the mentally ill person is not brought back to the psychiatric hospital or psychiatric nursing home on the expiry of the leave granted to him under this section, the medical officer in charge shall forthwith report that fact to the Magistrate within the local limits of whose jurisdiction such hospital or nursing home is situate and the Magistrate may, after making such inquiry as he may deem fit, make an order directing him to be brought back to the psychiatric hospital or psychiatric nursing home, as the case may be.

(5)

Nothing contained in this section shall apply to a voluntary patient referred to in section 15 or section 16 and the provisions of section 18 shall apply to him.