Section 97:
Restraints and seclusion.
(1) A person with mental illness shall not be subjected to seclusion
or solitary confinement, and, where necessary, physical restraint may only be used when,--
(a) it is the only means available to prevent imminent and immediate harm to person concerned or
to others;
(b) it is authorised by the psychiatrist in charge of the person's treatment at the mental health
establishment.
(2) Physical restraint shall not be used for a period longer than it is absolutely necessary to prevent
the immediate risk of significant harm.
(3) The medical officer or mental health professional in charge of the mental health establishment
shall be responsible for ensuring that the method, nature of restraint justification for its imposition and
the duration of the restraint are immediately recorded in the person's medical notes.
(4) The restraint shall not be used as a form of punishment or deterrent in any circumstance and the
mental health establishment shall not use restraint merely on the ground of shortage of staff in such
establishment.
(5) The nominated representative of the person with mental illness shall be informed about every
instance of restraint within a period of twenty-four hours.
(6) A person who is placed under restraint shall be kept in a place where he can cause no harm to
himself or others and under regular ongoing supervision of the medical personnel at the mental health
establishment.
(7) The mental health establishment shall include all instances of restraint in the report to be sent to
the concerned Board on a monthly basis.
(8) The Central Authority may make regulations for the purpose of carrying out the provisions of this
section.
(9) The Board may order a mental health establishment to desist from applying restraint if the Board
is of the opinion that the mental health establishment is persistently and wilfully ignoring the provisions
of this section.