Chapter II PROCEDURE FOR DEALING WITH BEGGARS AND BEGGAR

The powers conferred on courts by this Act shall be exercised only by the High Court, a Court of Session, a Magistrate of the first class, a Juvenile Court, or any other Court exercising criminal jurisdiction in the area, and may be exercised by such courts whether the case comes before them originally or on appeal or revision.

(1) Any police officer, or other person authorised in this behalf in accordance with rules made by the State Government, may arrest without a warrant any person who is found begging: Provided that, no person entering on any private premises for the purpose of soliciting or receiving alms shall be so arrested or shall be liable to any proceedings under this Act, except upon a complaint by the occupier of the premises. (2) Such police officer or other person shall take or send the person so arrested to a Court. (3) The provisions of section 61 of the Code of Criminal Procedure 1898 shall apply to every arrest under this section, and the officer in charge of the police station or section shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.

(1) Where a person who is brought before the court under the last proceeding 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 bogging, 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 such person was found begging, it shall record a finding that the person is a beggar. (5) The Court shall order the person found to be a beggar under the last preceding sub-section to be detained in a Certified Institution for a period of not less than one year, but not more than three years : Provided that, if the court is satisfied from the circumstances of the case that the person found to be a beggar as aforesaid is not likely to beg again, it may after due admonition release the beggar on a bond for the beggar's abstaining from begging and being of good behaviour, being executed with or without sureties as the Court may require by the beggar or any other person whom the court considers suitable. (6) In passing any order under the provisions of this Act, the court shall 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. 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. A copy of the order made under sub-section (5) shall be sent forthwith to the Chief Inspector. Notwithstanding anything in this section, when the person fonnd 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 Junvenile Court shall deal with the child under section 40 of the Bombay Children Act, 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) Whoever, having been previously detained in a Certified Institution under this Act is found begging, shall on conviction be punished as hereinafter in this section provided. (2) When a person is convicted for the first time under sub-section (1) the Court shall order him to be detained in a Certified Institution for a period of not less than two years and not more than three years. (3) When a person is convicted for the second or subsequent time under sub section (1), the court shall order him to be detained for a period of ten years in a Certified Institution, and may convert any period of such detention (not exceeding two years) into a sentence of imprisonment extending to a like period.

All offences under this Act except those under section 11 shall be tried in a summary way.

(1) The court, which makes an order for the detention of any person in a Certified Institution under section 5 or section 6, may make an order on the parrent or other person liable to maintain him, to contribute to his maintenance, if able to do so in the manner prescribed. (2) Before making any such order the court shall inquire into the circumstances of the parent or other person liable to maintain him, and shall record evidence, if any, in the presence of the parent or such other person, as the case may be. (3) Any order made under this section may on an application, made by the party liable, or otherwise, be varied by the Court. (4) Any order made under this section may be enforced in the same manner as an order under section 488 of the Code of Criminal Procedure, 1898.

(1) When the Court has ordered the detention of a person in a Certified Institution, under section 5 or section 6 it may, after making such inquiry as it thinks fit, order any other person who is wholly dependent on such person to be detained in a Certified Institution for a like period: Provided that before such order is made such dependent person shall be given an opportunity of showing cause why it should not be made. (2) Where the dependent person is a child the Court shall forward him to a Juvenile Court which shall deal with him under section 40 of the Bombay Children Act, 1948 as if the child were a person described in clause (a) of that section: Provided that where the dependent person is the beggar's own child, being a child who is under the age of five years, and the beggar is an able bodied mother, not being a contagious leper or a lunatic, the child may be ordered to be detained in a Certified Institution without being separated from the mother as regards the place of detention, until it attains the age of five years, and thereafter dealt with as provided in this sub-section. (3) For the purpose of this section, the court may if necessary cause the dependent person to be arrested and brought before itself and caused to be examined by a medical officer. The provisions of section 61 of the Code of Criminal Procedure, 1898 shall apply to every arrest under this sub-section, and the officer in charge of the police station or section shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.

When any person who is detained in a Certified Institution under section 5 or section 6 or section 9 is considered, whether on an application made by him to the State Government or otherwise, by the State Government to be blind, a cripple, or otherwise incurably helpless, the State Government may order that he shall, after the expiry of the period of his detention be further detained indefinitely in a Certified Institution: Provided that the State Government may release any such inmate if any person whom the State Government considers suitable executes a bond, with or without sureties as the State Government may require, making himself responsible for the housing and maintenance of such inmate, and for preventing him from begging or being used for the purpose of begging.

Whoever employs or causes, any person to solicit or receive alms, or whoever having the custody, charge or care of a child, connives at or encourages the employment or the causing of a child to solicit, or receive alms or whoever uses another person as an exhibit for the purpose of begging, shall on conviction be punished with imprisonment for a term which may extend to three years but which shall not be less than one year.