A first counselling appointment is a conversation, not a test. What you say in it is protected by a legal duty of confidentiality under section 23 of the Mental Healthcare Act, 2017, a duty limited by the exceptions written into section 23(2) of that Act, plus the separate mandatory-reporting duty under the Protection of Children from Sexual Offences Act, 2012. Those exceptions are listed in full further down, along with what actually happens in the room.
Two boundaries before anything else, because they decide whether AJSMC is the right place at all. AJSMC is an outpatient and day-care centre on Police Commissioner Office Road, Egmore, Chennai, open Monday to Saturday, 10am to 9pm. It has no emergency department and no critical care — its ten beds are for planned, stable admissions, with a nurse on site overnight and no doctor on the premises. And what the Psychology department at AJSMC provides is psychological counselling, not psychiatric care, not medication. There is no psychiatrist on the AJSMC roster, and a counselling psychologist cannot prescribe anything, here or anywhere in India.
If someone is at risk of ending their life right now, this article is not the next step and neither is a clinic appointment. Call 112, the single national emergency number, or 108 for an ambulance in Tamil Nadu, or go to the nearest hospital with a 24-hour emergency department. If you need to talk to someone this minute rather than this week, Tele-MANAS on 14416 is free, government-run and answers 24 hours a day, every day (Ministry of Health and Family Welfare, launched 10 October 2022). In Chennai, SNEHA in R.A. Puram runs a 24-hour helpline on +91 44 2464 0050 and +91 44 2464 0060. All three are open at 3am on a Sunday. AJSMC is not.
What happens in a first counselling session?
You talk, and the psychologist listens and asks. There is no examination, no injection, no scan and no test you can fail. A first counselling session is history-taking in your own words — what has been happening, since when, what it is affecting, what you have already tried, and what you want to be different.
Indian law puts one specific thing at the start of that conversation. The Mental Healthcare Act, 2017 defines informed consent at section 2(i) as consent given for a specific intervention, without force, undue influence, fraud, threat, mistake or misrepresentation. Consent given without knowing the limits of confidentiality is not informed consent, which means the limits set out in the next section belong at the beginning of the conversation rather than after it. Two consequences follow, and both are in your favour. You can ask, before you say anything, what is written down and where it goes. And you can decline to answer any question; consent that is pressured is not consent under section 2(i).
What a first session cannot produce is worth stating with the same plainness. It cannot produce a prescription, because only a registered medical practitioner may prescribe. It cannot produce a psychiatric diagnosis that requires a medical practitioner. It cannot arrange a psychiatric admission — AJSMC's ten beds are for planned, stable admissions, with a nurse on site overnight and no doctor on the premises. And it is not a substitute for emergency services where there is active risk to life.
How long a session runs, how often you come back and when the plan is reviewed are decided between you and the psychologist rather than fixed by any guideline, and they differ from person to person. Ask on the phone before you travel: 044 2532 2021.
Is counselling confidential in India, and who can be told?
Yes, subject to a defined set of exceptions, and they are written into the statute rather than left to the practitioner's judgement. Section 23(2) of the Mental Healthcare Act, 2017 places a duty on all health professionals to keep confidential everything obtained during care or treatment, and then lists the circumstances in which information may be released. Outside that list, and outside the separate reporting duty under the POCSO Act, 2012 set out further down, there is no lawful reason to tell anyone anything.
| Situation | What the law allows or requires | Source |
|---|---|---|
| An ordinary counselling conversation | Confidential. The duty covers everything obtained during care or treatment | Mental Healthcare Act, 2017, s.23(2) |
| Your nominated representative needs information to carry out their duties under the Act | Release permitted | s.23(2)(a) |
| Another clinician is treating you and needs to know | Release permitted, to enable care and treatment | s.23(2)(b) |
| Another person needs to be protected from harm or violence | Release permitted — and only the information necessary to protect against that identified harm | s.23(2)(c) and (d) |
| There is a threat to life | Release permitted, and only as much as is necessary to prevent the threat | s.23(2)(e) |
| A Mental Health Review Board, the Central Authority, a High Court, the Supreme Court or another competent statutory authority orders it | Release required | s.23(2)(f) |
| Public safety and security | Release permitted | s.23(2)(g) |
| A sexual offence against a child is known or suspected | Reporting to the local police or the Special Juvenile Police Unit is mandatory — a duty that sits outside the Mental Healthcare Act and cannot be waived | POCSO Act, 2012, ss.19 and 21 |
| Anything at all to the media | Not without your consent — no photograph, no other information | s.24(1) |
| Records held on a computer or phone rather than on paper | The same right of confidentiality applies to information stored in electronic or digital format | s.24(2) |
| You want to read your own records | You have a right of access to your basic medical records; specific information may be withheld only if disclosure would cause serious mental harm to you or likely harm to others, and you must be told you can apply to the Board for its release | s.25 |
Section 23(2)(d) is the clause most worth reading twice, and it is the one that answers the fear that actually keeps people out of a counselling room in Chennai. Even in the situations where confidentiality can be broken, only such information that is necessary to protect against the harm identified shall be released. Breaking confidentiality is not a switch that opens the whole file. It releases the one fact that has to be released, to the one person who has to hear it.
Can I come without telling my family?
If you are 18 or over, yes. Nothing in the Mental Healthcare Act, 2017 requires a spouse, a parent or an employer to be informed that you attended, and none of the exceptions in section 23(2) is "a family member asked". A husband, a wife, a parent or an in-law who telephones AJSMC in Chennai to ask what was said is not on that list.
What the exceptions do cover is risk. If there is a threat to life, or a risk of harm or violence to someone else, the Act permits release — narrowly, and limited to what is necessary. So the honest answer is not "nothing ever leaves this room". It is: nothing leaves this room because someone outside it is curious, and if something does have to leave, it is the minimum the law allows and you are told.
Whether you bring someone with you into the appointment is your choice to make at the door. If you would rather come alone, come alone.
What if the person coming is under 18?
The position changes, and it changes by statute rather than by clinic policy, so it is better known in advance than discovered halfway through a session. A minor is anyone who has not completed 18 years (Mental Healthcare Act, 2017, s.2(t)).
| Question | Position in law | Source |
|---|---|---|
| Can a minor appoint their own nominated representative? | No. That right is given to every person who is not a minor | Mental Healthcare Act, 2017, s.14(1) |
| Who is the nominated representative for a minor? | The legal guardian, unless the Mental Health Review Board orders otherwise | s.15(1) |
| Can that be displaced? | Yes, where the Board finds the guardian is not acting in the minor's best interests or is otherwise unfit | s.15(2) |
| Is there anything that must be reported to the police? | Yes. Anyone with knowledge or apprehension that a sexual offence against a child has been committed must report it to the local police or the Special Juvenile Police Unit. Failing to report is itself an offence | POCSO Act, 2012, ss.19 and 21 |
The POCSO duty sits outside the Mental Healthcare Act's list of exceptions altogether. It is not something a counsellor in Chennai can agree to set aside, and no promise of secrecy given to a child or to a parent can override it. It is stated here because a family is entitled to know the rules before the first sentence is spoken, not after.






