GP Rules 177अध्याय XI · Lunatics in Prisons

धारा 177 · Examination by Special Medical Board

(1)

Where a special medical board is appointed for examining the state of mind of a convicted criminal prisoner under sentence of death, prior to his examination by such board, the mental specialist in charge of the nearest Mental Hospital shall keep the prisoner under observation in the prison for a period of ten days or longer, if necessary.

(2)

The Superintendent and the Medical Officer of the prison in which the prisoner is confined shall give all facilities to the Mental Specialist for physical examination including serological test and for his observation without the prisoner's knowledge.

(3)

As soon as possible after the Special Medical Board is appointed and the prisoner is placed under observation in accordance with sub-rule (1), the Superintendent shall collect the following information regarding the prisoner through the Police or otherwise, and forward it to the Mental Specialist:-(i)History of the prisoner obtained from institutions or individuals with whom he had contacts, prior to the commission of offence, during his remand and after his detention in prison, in accordance with the questionnaire furnished to him in that behalf by the Mental Specialist,(ii)Matters of fact concerning the state of mind of the prisoner just prior to, at the time of and soon after the commission of the offence obtained either from the records, or eye-witness including officers who arrested him.(iii)Evidence regarding the behaviour of the prisoner, at the time of his trial and especially during the examination by the Court, from the notes of the proceedings of the Court, notes of evidence, and summing up of the case and the judgment.

(4)

While collecting the information referred to in sub-rule (3), the Superintendent shall see that the object with which it is collected is not divulged, and shall use with care the information given by the relatives of the prisoner.

(5)

As soon as the Mental Specialist has prepared his report, he shall request the Surgeon concerned to fix a date for the meeting of the Special Medical Board.

(6)

The Mental Specialist shall place all the records at the disposal of the Special Medical Board, and the chairman of the Board shall forward the proceedings of the Board to the Secretary to the Government in the Home Department through the Inspector General and Surgeon concerned.

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