Chhattisgarh Redressal of Begging Act, 1973

(1) This Act may be called the Chhattisgarh Redressal of Begging Act, 1973. (2) It extends to the whole of the State of Chhattisgarh. (3) It shall come into force in such areas and from such dates as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,— (a) “begging” means— (i) soliciting or receiving alms in a public place, whether or not under the pretence of singing, dancing, fortune-telling, performing or offering any article for sale; (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of a human being or of an animal; (iv) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; (b) “court” means the court of Magistrate of the first class; (c) “public place” means any road, street, way, thoroughfare, bridge or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or premises to which any person has access, whether on payment or otherwise, and any public office or hospital; (d) “Certified Institution” means an institution certified by the State Government under section 13; (e) “Prescribed” means prescribed by rules made under this Act; (f) “Probation Officer” means a Probation Officer appointed under the Probation of Offenders Act, 1958 (No. 20 of 1958); (g) “State Government” means the Government of the State of Chhattisgarh.

If any person is found begging in any public place, he shall be punishable with imprisonment for a term which may extend to one year or with fine not exceed Rs. 500 or with both.

Notwithstanding anything contained in section 3, a person begging for the first time may be discharged by the court after due admonition or after being placed under the supervision of a Probation Officer for a period not exceeding one year.

(1) A person found begging for the second time shall, on conviction, be punishable with imprisonment for a term which may extend to two years and fine which may extend to Rs. 1,000. (2) The court may, in lieu of the sentence of imprisonment, order the person to be detained in a Certified Institution for a period which may extend to two years. (3) The court may, after sentencing, order the person to be transferred to a Certified Institution for the period of the sentence. (4) The State Government may, by general or special order, define the class of persons who may be sent to the Certified Institution. (5) In calculating the period of detention, the period of under trial detention shall be deducted.

(1) Any police officer or other person empowered in this behalf may arrest without warrant any person who is found begging. (2) Such person shall be produced before the nearest court within 24 hours of arrest. (3) The court may, after summary inquiry, order the person to be detained in a Certified Institution for such period as may be specified, not exceeding two years.

The inquiry under this Act shall be summary in nature and shall be held in accordance with the provisions of the Code of Criminal Procedure.

(1) Any person who employs or causes any other person to beg or uses another person as an exhibit for the purpose of begging shall be punishable with imprisonment which may extend to three years and fine which may extend to Rs. 2,000. (2) Any person having the custody, charge or care of a child and allowing such child to beg shall be liable to the same punishment.

Enhanced punishment for subsequent offences under this Act may be awarded by the court.

Any money found upon a person convicted of begging may be seized and forfeited to the State.

Children under the age of 16 years found begging shall be dealt with in accordance with the relevant provisions of the Children Act.

The State Government may establish or certify institutions for the reception, care and training of persons detained under this Act.

Persons directed by the court to be detained shall be sent to such Certified Institution as specified by the State Government.

Every person detained shall undergo, if necessary, medical examination.

The State Government may, at any time, order the discharge of any person from a Certified Institution.

Persons may be transferred from one Certified Institution to another.

(1) The Chief Inspector may release on licence any person detained. (2) Provisions for release on licence shall be as prescribed.

Escaping from a Certified Institution shall be an offence punishable with further imprisonment.

Appeals against orders passed under this Act shall lie to the Sessions Court.

The State Government may make rules for carrying out the purposes of this Act.

The State Government may exempt any person or class of persons from the operation of this Act.

No suit or legal proceeding shall lie against any person for anything done in good faith under this Act.

Offences under this Act shall be cognizable and bailable.

The provisions of the Code of Criminal Procedure shall apply to trials under this Act.

Any Act corresponding to this Act in force in the State shall stand repealed.