Bare ActsThe Bihar prevention of Beggary Act, 1951

Section 5

Amendment status not verified — confirm the current text below against the official source.

Summary Inquiry In respect of persons found begglng and their Detention—(1) Where a person is brought before the Court under Section 4, the Court shall make a summary inquiry in the prescribed manner as regards the allegation that he was found begging. ' (2) If the inquiry referred to in sub-section (1) cannot be completed forthwith, l "‘9 Court may adjourn it from time to time and order the person to be remanded to ' sum place and custody as may be convenient. s -- .(3) ". 0n making the inquiry referred to sub-section (1 ), the Court is not a"Shed that the person was found begglng, it shall order that such person be released forthwith. (4) H. on making the Inquiry referred to In sub-section (1 ) the Court is satisfied a it sue“ Person was found begglng, it shall record a declaration that the person is Dre:99”. The Court shall also determine after making an inquiry In the manner er 9"b9d whether the person was born in the State of Blhar and ordinarily resrdes Ordeal" and'shall include the findings in the declaration.The Court shall make further ras IS In this section hereinafter provided. to be 5131'.“ Court shall order the person declared as beggar under sub-section (4) \‘ arned In aWork House, Special Home or, as the case may be. In a Certified NOW 1973 (ll of 1974) Scanned by CamScanner r ”W nce wit“ “'“ circumstances UI u Iv W" "M "w a rS- , ein accord n III/93W: is satisfied the I aga'n It ”lay Ielease u e 'on (4 is not “kely [: I I I ub.seCU ' bstaining from begging and the beggars a . a" dad dmonition on bond fgrwith or without suretles, as the _Court may 99’5 a be. 9 execute whom the Court consrders surtable, n ' when the person declared as the age of five years, the Court - ' the proceedings ub-sectron (5). submit . . ‘ beggaf ““‘i‘: Of making any order [31:31:vhich may make such further IanIry _(.f a t e or orderfor the detention of the Child 2”” as it may thinkm and pa ‘ ‘ ' ht have passed if the child had been in a Relormatory 8 of the Reformatory Schools Act, 1897. For the . t - b it under Section . rto be onglgineyepfrgv sub-section, the Court may. .r "909553” cause the begga purp ° ' ed b a medical officer. . exam: Pezalty for begging after detention as beggar-—(1) Whoever habvéng been previously detained in a Work House, Specral Home or as the case may ll , Certified Home in accordance with the provision 5 IS tound begging s a on conviction be punished as is hereinafter in this section provrded. ' (2) When a person is convicted for the first time under sub-section (1), the Court shall order him to bevdetained in a Work House, Spectal Home or Certlfted Home, as the case may be. for not less than three years and not more than seven years and may convert any period of such detention not exceeding one yearinto a sentence ot imprisonment extending to a like period: Provided that it the Court, at any time after the passing of the sentence, of its own motion or on application, is satisfied that the person sentenced under this sub- section is not likely to beg again. it may release the person after due admonition on abond tor his abstaining from begging and being of good behaviour being executed with or without sureties, as the Court may require, by the person or any other person whom the Court considers suitable. (3) When a person is convicted tor the second ' . or subse u - section (1), the Court shall order hi q em “me under SUb . . _ rn to be detained for ten years in a Work House acacia: Homeor Certitred Home, as the case may be, and may convert an ' d suc7 detention not exceeding to a like period y PerlO .n I eport or medical otflcer before committal.—(1 ) The Court which finds a co ol begging under Sections 5 or 6 shall before nd such ers use or a Special Home or a hospua, or the . P on lo the medical oft , police hos it ’ icer Inchar e on House. if any and call forpaar' or to he medical 0th 9 he local CIVII Scanned by CamScanner 59W ' (2) If the medical officer certifies that the said person is above the age of ten pic of ordinary manual labour and is also not suffering from any infectious a and cap - d' ase the Court shall i - .ous ISe , . n Case ofafirst offence a wigs; of such person to a Work House. ' p 55 a sentence for co {the medical officer reports that the said person is below the age of ten or all ' . pmisicallv incapable of'ordlnary manual labour, but is not suffering from any {:feclious or contagious disease, the Court shall, in case of a first offence pass a I , nience forcommittal of such person to a Special Home. 56 4) if the medical officer reports that the said person is suffering from any us disease, the Court shall in case of a first offence. pass a sentence for al of such person to a Certified Home, but, if there is no such Certified e reception of such person, the Court may stop further inquiry and infectio commltt Home for 1h ieleaSG him- 3, Punishment for escape from Work House, Special Home or Certified HomerWhoever escapes from a Work House, Special Home or a Certified Home in which he has been committed on conviction under the provisions of this Act before the expiry of the period for which he has been committed, if he is of more than sixteenyears of age, shall be punished with fine which may extend to one hundred rupees or with imprisonment which may extend to three months: Provided that if the person is below the age of sixteen, he shall be punished with fine which may extend to two hundred rupees or with imprisonment which may extend to six months.

Section 5 – The Bihar prevention of Beggary Act, 1951 | DailyLaw.ai