Chapter: 1.4 Offences and Penalties

Description of the Offence                -                  Punishment

Section 82[1]: Any person who establishes or maintains a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III - Punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the case of a second or subsequent offence, with imprisonment for a term which mater extend to six months, or with fine which may extend to one thousand rupees, or with both.

Whoever, after conviction u/ s 82 [1 l continues to maintain a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III - Punishable with fine which may extend to one hundred rupees, for every day after the first day during which the contravention is continued.

Section 83: Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provision of this Act. 1 - Punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.

Section 84: Any manager appointed under this Act to manage the property of a mentally ill person who contravenes the provisions of Sec. 60 or sub-section (2) of Sec. 69. - Punishable with fine which may extend to two thousand rupees and may be detained in a civil prison till he complies with the said provisions

Any person who contravenes any of the provisions of this Act or of any rule or regulation made thereunder, for the contravention of which no penalty is expressly provided, in this Act. - Punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

It is important to note that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court shall take cognizance of any offense punishable under Sec. 82, except with the previous sanction of the licensing authority.

In the event that the Offence has been committed by a company / firm, then every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company / firm, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Further, as far as provision relating to "bail and bond" is created, provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable.