and custody of mental patient exist; and
(c) in other cases, in the District Prisons.
(ii) When a mental patient is detained in a prison, the
Superintendent should make adequate arrangements for the
comfort and care of the mental patient, having regard to his class
and status in life. He should as far as possible be kept separate
from convicted prisoners.
Detention of non-criminal patients; procedure when period
expires.
Rule438. The maximum period during which a noncriminal mental patient can be detained for observation is thirty
days. On expiry of this period, the Superintendent shall address the
Coordination Officer or officer under whose warrant the person is
detained pointing out that the authorised period of detention has
expired and requesting that an order for the release of the person
detained or his transfer to a mental hospital be furnished. If within
the next seven days, the Superintendent has not received the court's
order, he shall report the matter to the Inspector-General.
Maintenance charges of non-criminal mental patient.
Rule439. Non-criminal mental patients shall be entirely
excluded from all statistical returns relating to prisons. Their
maintenance charges for the period of observation shall be borne by
the Prison Department. If the patients, after the period of
observation are duly certified and reception orders issued, then the
cost of maintenance from the date of the reception orders shall be
met by the Health Department, even though the patients be
detained in prisons.
Classification of criminal mental patients.
Rule440. The term "criminal mental patient", shall
'include persons of the following classes:(i)
An accused person, in respect of whose soundness
of mind doubts are entertained by the Magistrate
trying the case, and who is sent to a prison for
medical observation, under section 464 of the Code
of Criminal Procedure;
(ii) an accused person, who by reason of unsotrndness
of mind, is incapable of making his defence, and
who is in consequence, detained under section 466
of the Code of Criminal Procedure, pending the
orders of the Government;
(iii) a person who is held to have committed an act
which would have constituted an offence but for the
unsoundness of his mind, and who has been
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