EXECUTION OF SENTENCESCentral

Section 156 of The Navy Act, 1957

If any person imprisoned or undergoing detention by virtue of this Act shall become insane, and a certificate to that effect shall be given by two physicians or surgeons, the Central Government shall, by warrant in the prescribed form, direct the removal of such person to such asylum or other proper receptacle for insane persons in India as it may judge proper for the unexpired term of his imprisonment or detention; and if any such person shall in the same manner be certified to be again of sound mind, the Central Government may issue a warrant in the prescribed form for his being removed to such prison or place of confinement or in the case of a person sentenced to detention, such naval detention quarters as may be deemed expedient, to undergo the remainder of his punishment, and every gaoler or keeper of any prison, gaol, or house of correction shall receive him accordingly.

Summary

The Central Government can order the transfer of a mentally ill prisoner to an asylum.
This transfer requires a formal certificate from two physicians or surgeons confirming the insanity.
The prisoner will stay in the asylum or proper facility for the unexpired term of their sentence.
If certified sane again, the Central Government can issue a warrant to send them back to a prison or detention quarters to finish their punishment.

Practical examples

1During his three year detention, sailor Anil develops severe mental health issues. Two military surgeons examine him and certify that he has become insane. The Central Government then issues a warrant to move Anil to a proper psychiatric facility in India for the rest of his sentence.

2After spending six months in an asylum, a previously insane naval prisoner is examined and found to be of sound mind again. The Central Government issues a new warrant, and the gaoler at the original civil prison receives the prisoner back to serve the remaining two years of his sentence.

FAQ

1. How many doctors are needed to certify a prisoner as insane under Section 156 of The Navy Act, 1957?

Section 156 of the Navy Act requires a certificate from two physicians or surgeons to confirm that a prisoner has become insane.

2. Who orders the removal of an insane prisoner to an asylum under Section 156 of the naval law?

The Central Government directs the removal of an insane prisoner by issuing a warrant in the prescribed form under Section 156 of The Navy Act, 1957.

3. What happens if an insane prisoner recovers under Section 156 of the 1957 Navy Act?

If certified to be of sound mind again, the Central Government may issue a warrant under Section 156 of the Navy Act to return the person to prison or detention to finish their sentence.

Test yourself

Q1.Under Section 156 of The Navy Act, 1957, who must certify that a prisoner has become insane before they can be removed?

Q2.What authority directs the removal of an insane prisoner to an asylum under Section 156 of the naval laws of 1957?

Q3.Under Section 156 of The Navy Act, 1957, how long is the insane person supposed to remain in the asylum or proper receptacle?

Q4.Under Section 156 of The Navy Act, 1957, what is required to send a person back to a normal prison from an asylum?

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