Section 72 in The West Bengal Correctional Services Act, 1992
72. Confinement of non-criminal lunatics.—
(1)(a)No non-criminal lunatic shall be confined in any correctional home and no Court or any other authority shall make an order committing a non-criminal lunatic to a correctional home for custody except in a case where immediate arrangement cannot be made for lodging such lunatic in a lunatic asylum or in any other place.(b)When a non-criminal lunatic is committed by a Court or any other authority to the custody of a correctional home under clause (a), the Superintendent shall admit such lunatic and request the court concerned for transfer of the lunatic to a lunatic asylum as early as possible. When a female non-criminal lunatic is so confined in a correctional home and is subsequently transferred under orders of the court to a lunatic asylum, the Superintendent shall arrange for a female attendant to accompany her in addition to the usual police escort.(2)No court or other authority shall, by a writ, warrant or order, commit a non-criminal lunatic to a correctional home for custody for a period exceeding fifteen days at a time and no court shall make more than six such successive writs, warrants or orders so that the total period of confinement as aforesaid does not exceed there months. On the expiry of the said period, the Superintendent shall send back the non-criminal lunatic to the court for transfer of the lunatic to a lunatic asylum.(3)When a court commits a non-criminal lunatic to a correctional home for custody by a writ, warrant or order which is not in accordance with the provisions of sub-section (1) or sub-section (2), the Superintendent shall not comply with such writ, warrant or order and shall invite the attention of the court to the said provisions for reconsideration of the writ, warrant or order, as the case may be.
