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Summary inquiry in respect of persons found begging and their detention.

§5

Summary

(1) Where a person who is brought before the court under the last preceding section is not proved to have previously been detained in a Certified Institution under the provisions of this Act, 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, the court may adjourn it from time to time and order the person to be remanded to such place and custody as may be convenient. (3) If on making the inquiry referred to in sub-section (1), the court is not satisfied that the person was found begging, it shall order that such person be released forthwith. (4) If on making the inquiry referred to in sub-section (1), the court is satisfied that the person was found begging, it shall order a finding that the person is beggar. 1[(5) If a person if found to be a beggar under the last preceding sub-section, the Court shall declare him to be a beggar and may- (a) if the Court is satisfied from the circumstances of the case that the person is not likely to beg again, admonish and release the beggar on his or any other person whom Court considers suitable, executing a bond, with or without surety as the Court may require, requiring the beggar to abstain from begging and to be of good behaviour; or (b) if the Court is of opinion that the person is not likely to give up begging, by order direct such person to report himself forthwith to the Commissioner of Police or the District Magistrate having jurisdiction in the area and shall forward a copy of such order to the Commissioner of Police or, as the case may be, the District Magistrate; or (c) order the beggar to be detained in a Certified Institution for the period of not less than one year, but not more than three years.] (6) In passing any order under the provisions of this Act, 2[the court] have regard to the following considerations, that is to say- (a) the age and character of the beggar, (b) the circumstances and conditions in which the beggar was living, (c) reports made by the Probation Officer, and (d) such other matters as may, in the opinion of the court require to be taken into consideration in the interest of the beggar. (7) The report of the Probation Officer or any other report considered by the court under the sub-section immediately preceding, shall be treated as confidential: Provided that if such report relates to the character, health or conduct of or the circumstances and conditions in which, the beggar is living, the court may, if it thinks expedient, communicate the substance thereof to the beggar or (in case of dependants) to the guardian concerned, 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 copy of the order made under sub-section (5) shall be sent forthwith to the Chief Inspector. (9) Notwithstanding anything in this section, when the person found to be a beggar as aforesaid is a child, being a child who is not under the age of five years, the court shall forward him to a Juvenile Court, and shall not make any order under sub-section (5). The Juvenile Court shall deal with the child under section 40 of the Bombay Children Act, 1948 (Bom. LXXI of 1948), as if the child were a person described in clause (a) of that section. For the purpose of ascertaining the age of the person, the court may, if necessary, cause the beggar to be examined by a medical officer.

(1) Where a person who is brought before the court under the last preceding section is not proved to have previously been detained in a Certified Institution under the provisions of this Act, 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, the court may adjourn it from time to time and order the person to be remanded to such place and custody as may be convenient. (3) If on making the inquiry referred to in sub-section (1), the court is not satisfied that the person was found begging, it shall order that such person be released forthwith. (4) If on making the inquiry referred to in sub-section (1), the court is satisfied that the person was found begging, it shall order a finding that the person is beggar. 1[(5) If a person if found to be a beggar under the last preceding sub-section, the Court shall declare him to be a beggar and may- (a) if the Court is satisfied from the circumstances of the case that the person is not likely to beg again, admonish and release the beggar on his or any other person whom Court considers suitable, executing a bond, with or without surety as the Court may require, requiring the beggar to abstain from begging and to be of good behaviour; or (b) if the Court is of opinion that the person is not likely to give up begging, by order direct such person to report himself forthwith to the Commissioner of Police or the District Magistrate having jurisdiction in the area and shall forward a copy of such order to the Commissioner of Police or, as the case may be, the District Magistrate; or (c) order the beggar to be detained in a Certified Institution for the period of not less than one year, but not more than three years.] (6) In passing any order under the provisions of this Act, 2[the court] have regard to the following considerations, that is to say- (a) the age and character of the beggar, (b) the circumstances and conditions in which the beggar was living, (c) reports made by the Probation Officer, and (d) such other matters as may, in the opinion of the court require to be taken into consideration in the interest of the beggar. (7) The report of the Probation Officer or any other report considered by the court under the sub-section immediately preceding, shall be treated as confidential: Provided that if such report relates to the character, health or conduct of or the circumstances and conditions in which, the beggar is living, the court may, if it thinks expedient, communicate the substance thereof to the beggar or (in case of dependants) to the guardian concerned, 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 copy of the order made under sub-section (5) shall be sent forthwith to the Chief Inspector. (9) Notwithstanding anything in this section, when the person found to be a beggar as aforesaid is a child, being a child who is not under the age of five years, the court shall forward him to a Juvenile Court, and shall not make any order under sub-section (5). The Juvenile Court shall deal with the child under section 40 of the Bombay Children Act, 1948 (Bom. LXXI of 1948), as if the child were a person described in clause (a) of that section. For the purpose of ascertaining the age of the person, the court may, if necessary, cause the beggar to be examined by a medical officer.

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