Amendment status not verified — confirm the current text below against the official source.
Power to require person found hegging to appear hefore court. ( I) Any police officer, or other person authorised in this behalf in accorda nce with rules made by the Stat e Govern ment, may arrest with- out warrant an y person who is found begging ; Provided tha t no person entering on any private pre mises for the purpose of soliciting or receiving alms shall be so arrested or shall be liable to any proceedings unde r thi s Act, except upon a complaint by the occupier of the pre mises. (2) Such police officer or other person shall take or send the person so arrested to a court. (3) The provisions of S. 61 of the Code of Criminal Proced ure, 1898 (Act V of 1898), shall apply to every arrest under this section, and the officer-in-charge of the police station shall ca use the arrested person to be kep t in the prescribed manner until he can be brought before a COUTt . S. Summary iuquiry in respect of persons found begg ing and their detention. (I ) Where a person who is brought before the court und er the last preceding section is not proved to have previously been detain- ed in a certified institution UJider the prov isions of this Act, the court shall make a summary inquiry as regards the allegation that he was foun d begging. The provisions of S. 202 of the Code of Criminal Procedure 1898 (Act V of 1898) shall, as far as prac ticable, be followed for making such inquiry. S. 5] A S SA~ I P REVENTION Of D~Gli l!' G ACT, 1964 333 (2) If the inqu iry referred to in sub-So (I) ca nnot be completed fort hwith, the co urt may adjourn it from time to time and order the person to be rema nded to such place and custody as may be conve nie nt. (3) If on maki ng the inquiry referred to in sub -So(1), the court is not sat isfied that the person was foun d begging, it shalt order that such person be released forthwith. (4) If on mak ing the inq uiry referred to in sub-So ( I), the cou rt is sa tisfied that such person was foun d begging, it shall record a findi ng that the person is a beggar. (5) The court shall orde r the per son fou nd to be a beggar under the last preceding sub-sect ion to be detained in a certified institution for a pcriod of not less than six months, but not more than one and a hal f yea rs: Provided that, if the cou rt is satisfied from the circumstances of the case that the person found to be a begga r as aforesai d is not likely to beg again, it may, after due admonition, release the begga r on a bond for the beggar's abstaining from begging and being of good behav iour, being executed with or wi thout sureties as the court may require by the beggar or any othe r perso n whom the co urt considers suitable. (6) In passing any order under the pr ovisions of this Act, the cou rt shall have regard to the followi og co nsiderations, that is to say- (a) the age and cha rac ter of the beggar, (b) the circu.nsta nces and co nditions in which beggar was living, (c) reports made by tbe Probation Officer, and (d) such other matters as may, in the opinion of the co urt, require to be taken int o consideration in the interest of the: begga r. (7) The report of the Probation Officer or any other report consider- ed by the court under the sub-section immediately preceding, sha ll be treated as confidential : Provided tha t if such report relates to the character, health or con- duct of the begga r, or the circumstances and conditions in which the beggar is living, the court may, if it thinks expedient, comm unicate the subs tance thereof to the begga r or (in case of dependants) to the guard- ian co ncerned, and may give the beggar or the guardian, as the case may be, an opportunity of producing evidence which may be relevant to the matters stated in the report. (8) A co py of the order made unde r sub-So(5) shall be sent forth- with to the Chief Inspector. (9) Notwith standing anything in this section, when the person found to be a beggar as afo resa id is a child, being a child who is not under the age of five years, the Court shall hold an enquiry and if satisfied that such person- 334 N ORTH- EA STeR N R eGI ON L OCAL A CTS & R ut.es [S.6 (a) is found without having any home or set tled place of abode or means of subsistence or has a parent or gua rdian who by reason of crimi nal or d run ken habit, or immora l or depraved life is unfit to exerci se or does not exercise proper care and control over th e child; or (b) is destitute and bot h his parents o r his surviving pa rent. or in the case of an illegitimate ch ild. his mother, are or is unde rgoing imprisonment; shall declare the pe rson to he a beggar and order him to be detained in a Children's Home, or such other institution as the State Government may specify un til suc h time as he attains the age of sixteen yea rs. For th e purpose of ascertaining the age of the person, the co urt may, if necessary, cause the beggar to be examined by a Medical Officer.