82. Transfer to mental hospital of convicted inmates of unsound mind.
(1)The State Government and subject to its general direction and control the Inspector General, may by order, direct a convicted person detained in a prison, who is certified by the Medical Officer to be of unsound mind, to be transferred from such prison to a mental hospital in the State or in any other State or Union Territory :Provided that no order directing a person to be transferred to a mental hospital in any other State or Union Territory shall be made under this sub-section except by the State Government and except with the consent of the Government of such other State or Union Territory.(2)A person transferred to a mental hospital in pursuance of an order made under sub-section (1), shall be detained in such hospital until he becomes of sound mind and is transferred to a prison in pursuance of an order made under sub-section (4) or discharged in accordance with the provisions of sub-section (5).(3)The period of detention of a person in a mental hospital in pursuance of an order made under sub-section (1), shall be reckoned as a part of the period of imprisonment to which he was sentenced.(4)If a person detained in a mental hospital in pursuance of an order made under sub-section (1) becomes of sound mind before the expiration of the remainder of the term of imprisonment to which he was sentenced, the authority making such order shall, by order, direct such person to be transferred from such mental hospital to a prison.(5)If a person detained in a mental hospital in pursuance of an order made under sub-section (1) becomes of sound mind on or after the expiration of the remainder of the term of imprisonment to which he was sentenced, he shall be discharged from such hospital in accordance with the provisions of section 40 of Mental Health Act, 1987 (Central Act 14 of 1987).
