Mental Health Act 2001 · Updated to 1 Feb 2014 · Part II
13. Procedure in cases of neglect or cruel treatment of suspected mentally disordered person
Feedback & supportIf it appears to a Magistrate, on the report of a police officer or on the information of any person, that a person reasonably suspected of being mentally disordered—
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is not under proper care and control; or
is neglected or cruelly treated by any relative or any other person having charge of him, the Magistrate may send for the person suspected of being mentally disordered and summon the relative or the person who has, or ought to have, charge of him.
Where the Magistrate is satisfied, after due inquiry, that the person summoned under subsection (1) is legally bound to maintain the suspected mentally disordered person, he may make an order requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned.
mentally disordered person
“mentally disordered person” means any person found by due course of law to be mentally disordered and incapable of managing himself and his affairs. Court may order inquiry
Where there is no person legally bound to maintain the suspected mentally disordered person, the Magistrate may make an order for the person to be sent to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital.
medical officer
“medical officer” means a registered medical practitioner in the service of the Government of Malaysia;
It shall be the duty of every police officer not below the rank of Inspector to report to a Magistrate every such case of neglect or cruel treatment of a suspected mentally disordered person which may come to his knowledge.
If an order is made by the Magistrate under subsection (2), any medical officer in a government psychiatric hospital or any registered medical practitioner in a gazetted private psychiatric hospital, as the case may be, or any police officer not below the rank of Inspector, or any social welfare officer may, at such reasonable time as the Magistrate shall fix, visit the suspected mentally disordered person for the purpose of ascertaining his condition; and the person who was ordered by the Magistrate to properly care for and treat the suspected mentally disordered person shall produce the suspected mentally disordered person for the inspection of the medical officer, registered medical practitioner, police inspector or social welfare officer.
government psychiatric hospital
“government psychiatric hospital” means any premises appointed to be a government psychiatric hospital under section 3;
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A person who fails to comply with an order made under subsection (2) or who refuses to produce the suspected mentally disordered person under subsection (5) commits an offence and shall on conviction be liable—
in the case of an offence under subsection (2), to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and
in the case of an offence under subsection (5), to a fine not exceeding five hundred ringgit.
Order of admission into psychiatric hospital by medical officer or registered medical practitioner or by order of Court under section 11, 12, 13 or 73