Punishment for living on the earnings of a beggar

(l) A person over the age of 18 years who knowingly lives, wholly or in part, on the earnings of a beggar shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) In the event of a second or subsequent conviction of an offence under this section a person shall be punishable with imprisonment for a term of not less than three months and with fine which may extend to two thousand rupees: Provided that in the case of conviction for an offence under this sub-section, for special and adequate reasons to be mentioned in the judgement of the court, a sentence of less than three months' imprisonment may be passed. (3) Where any person is proved- (a) to be living with or to be habitually in company of, a beggar; or (b) to have exercised control, direction or influence over the movements of a beggar in such a manner as to show that such Provided that in the case of conviction for an offence under sub-clause (ii) of this sub-section, for special and adequate reasons to be mentioned in the judgment of the court, the sentence of less than three months imprisonment may be passed. (4) If in the course of an enquiry made under sub-section (1), it appears to the Magistrate that the person declared a beggar under sub-section(1), is either born or domiciled in the State of Himachal Pradesh or that it would not be in the general public interest to order his removal under sub-section (2), shall, after giving such a person an opportunity of adducing further evidence, as he may deem fit, punish such a beggar,- (a) on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and (b) in the event of a second subsequent conviction with imprisonment for a term of not less than three months and with fine which may extend to one thousand rupees: Provided that in the case of conviction for an offence under sub-clause (b) of this sub-section, for special and adequate reasons to be mentioned in the judgement of the court, a sentence of less than three months imprisonment may be passed. (5) Notwithstanding anything contained in this section, if any person, who is declared as a beggar under sub-section(1), is a child, shall be dealt with under the provisions of the East Punjab Children Act, 1949 (39 of 1949), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), or the Children Act, 1960 (60 of 1960), as in force in the areas, which comprised in Himachal Pradesh immediately before the 1st day of November, 1966, as the case may be. (1) A person over the age of 18 years who knowingly lives, wholly or in part, on the earnings of a beggar shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) In the event of a second or subsequent conviction of an offence under this section a person shall be punishable with imprisonment for a term of not less than three months and with fine which may extend to two thousand rupees: Provided that in the case of conviction for an offence under this sub-section, for special and adequate reasons to be mentioned in the judgement of the court, a sentence of less than three months' imprisonment may be passed. (3) Where any person is proved- (a) to be living with or to be habitually in company of, a beggar; or (b) to have exercised control, direction or influence over the movements of a beggar in such a manner as to show that such person is aiding, abetting or compelling him to beg; or (c) to be acting as a tout on behalf of a beggar; or (d) to be employing or causing any person to beg; or (e) to have connived or encouraged the employment of a child, whose custody, charge, or care is with such a person, for begging; or (f) to have used another person as an exhibit for the purpose of begging; it shall be presumed, until contrary is proved, that such person is knowingly living on the earnings of a beggar within the meaning of this section.