NATIONAL MENTAL HEALTH ACT, 2021

Section 41: Removal of patient to a place of safety.

2021Section 41 of 58Federal Republic of Nigeria

(1) Where a police officer above the rank of an Inspector or a staff of the Social Welfare Department of Government has reasonable cause to believe that a person-
(a) has a mental health condition and is not under proper care or is being cruelly treated or neglected by any relative or other person having charge of the person with mental health condition, or
(b) is dangerous to himself or to others,
he may if he thinks it necessary to do so in the interest of that person or for the protection of other persons, remove that person to a place of safety with a view to making an application for his treatment and care under this Act.
(2) A person removed to a place of safety under this section may be detained there for period not more than 48 hours for the purpose of enabling him to be examined by a medical practitioner and of making any necessary arrangements for his treatment or care.
(3) A police officer above the rank of an Inspector or any other person required or authorised by this Act to take any person to a place of safety or to convey or detain any person shall for the purposes of taking him to a place of safety or conveying or detaining him, have all the powers, authority, protection and privilege of a police officer in the ordinary course of his duties as such.
(4) If any person being in lawful custody by virtue of this section escapes, he may be retaken and returned to the hospital or place of safety-
(a) by the person who had his custody immediately before the escape; or
(b) by any officer or the staff of the hospital, his nearest relative or his guardian, or by a police officer if at the time of his escape he was liable to be detained in a hospital.

Cite this section

Section 41, NATIONAL MENTAL HEALTH ACT, 2021 (2021).

https://repo.podus.ai/laws/national-mental-health-act-2021/section/41/