Chapter VI PROCEDURE AND PUNISHMENTS

(1) Any police officer or such other officer as may be authorised by the Government in this behalf by general or special order who finds any person other than a child contravening the provisions of section 3 shall arrest such person and inform him of the grounds for such arrest and remove him immediately to the nearest receiving centre. (2) The officer-in-charge of the receiving centre shall thereupon without delay, hold such enquiry as may be prescribed and if satisfied that the person, if released, will not resort to begging shall release him forthwith, with or without surety. (3) If the person arrested under sub-section (1) is not released forthwith under sub-section (2) the officer-in-charge of the receiving centre shall produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction, within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of such Magistrate provided that no person arrested under sub-section (1) shall be detained in custody beyond the said period without the authority of a magistrate. (4) The magistrate before whom a person is produced under sub-section (3) shall hold an enquiry and if satisfied that such person has committed the offence of begging but undertakes not to commit such offence, shall release him on his furnishing a bond 1[for a sum of rupees one thousand] (5) If any person released under sub-section (4) is again produced before any Executive Magistrate or a Judicial Magistrate or a Metropolitan Magistrate for a similar offence, and the contravention of section 3 is proved against him, he shall not be released without a surety 1[for a sum of rupees two thousand] 1. Inserted by Act 26 of 2003 w.e.f. 21.5.2003

1. (2) The officer-in-charge of the receiving centre shall thereupon without delay, hold such enquiry as may be prescribed and if satisfied that the person, if released, will not resort to begging shall release him forthwith, with or without surety.
2. (3) If the person arrested under sub-section (1) is not released forthwith under sub-section (2) the officer-in-charge of the receiving centre shall produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction, within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of such Magistrate provided that no person arrested under sub-section (1) shall be detained in custody beyond the said period without the authority of a magistrate.
3. (4) The magistrate before whom a person is produced under sub-section (3) shall hold an enquiry and if satisfied that such person has committed the offence of begging but undertakes not to commit such offence, shall release him on his furnishing a bond 1[for a sum of rupees one thousand]
4. (5) If any person released under sub-section (4) is again produced before any Executive Magistrate or a Judicial Magistrate or a Metropolitan Magistrate for a similar offence, and the contravention of section 3 is proved against him, he shall not be released without a surety 1[for a sum of rupees two thousand]

¹ Inserted by Act 26 of 2003 w.e.f. 21.5.2003

(1) If a person against whom action has been taken under section 11 is again produced before a magistrate for a similar offence, or on the ground that such person does not or is unable to comply with the directions contained in the said section and if the magistrate on enquiry finds that the person has contravened the provisions of section 3, he shall convict him and pass a sentence of detention in the nearest relief centre for such period

1[which shall not be less than one year but which may extend to three years]

as may be specified in the order.

¹ Substituted by Act 26 of 2003 w.e.f. 21.5.2003

1. (2) An order of detention passed by a magistrate under sub-section (1) may at any time be revoked or modified.

incurable disease to be arrested and sent to receiving centres.- (1) Notwithstanding anything contained in section 11 where an officer-in-charge of the receiving centre in the course of enquiry held in pursuance of sub-section (2) of section 11 finds that a person other than a child is infirm, disabled, decrepit or suffering from any loathsome or incurable disease he shall ascertain from that person if he has any relatives and if there are any, he shall immediately send for them and if on enquiry it is found that the person cannot be taken care of, or if there are no relatives, the officer-in-charge of the receiving centre shall, with the report of his enquiry, immediately produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction within a period of twenty-four hours of his arrest excluding the time necessary for the journey from the place of arrest to the court of such magistrate: Provided that no person arrested shall be detained in the custody beyond a period of twenty-four hours without the authority of a magistrate.

1. (2) Where a person who is produced under subsection (1) before a magistrate is found on enquiry by such magistrate to have contravened the provisions of section 3, the magistrate shall convict him and pass sentence of detention in the nearest relief centre for such period 1[which shall not be less than one year but which may extend to three years] as may be specified in the order and an order of detention passed by a magistrate may at any time be revoked or modified by such magistrate.

¹ Substituted by Act 26 of 2003 w.e.f. 21.5.2003

Where it appears to the Government that any beggar detained in an institution under any order of a magistrate is of unsound mind or is suffering from leprosy, the Government may, by an order setting forth the grounds for the belief that the beggar is of unsound mind or is suffering from leprosy, order his removal to a mental hospital or a leper asylum or other place of safe custody, there to be kept and treated as the Government directs during the remainder of the term for which he has been ordered to be detained, or if on the expiration of that term, it is certified by a medical officer that it is necessary for the safety of the beggar or of others that he should be further detained under medical care or treatment, then until he is discharged according to law.

1. (2) Where it appears to the Government that the beggar has ceased to be of unsound mind, or is cured of leprosy, the Government shall, by an order direct the person having charge of the beggar if still liable to be kept in custody, send him to the institution from which he was removed or if the beggar is no longer liable to be kept in custody, order him to be discharged.
2. (3) Subject to the provision of sub-section (2) the provisions of section 31 of the Lunacy Act, 1912 (Central Act 4 of 1912) or section 14 of the Lepers Act, 1898 (Central Act 3 of 1898), or the corresponding provision of any other law in force in any area of the State, shall apply to every beggar confined in a mental hospital or a leper asylum under sub-section (1) after the expiration of the period for which he was

ordered to be detained; and the time during which a beggar is confined in a mental hospital or leper asylum under that sub-section shall be reckoned as part of the period for which he may be ordered by the magistrate to be detained: Provided that where the removal of a beggar due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the beggar is detained to apply to a court having jurisdiction under the Lunacy Act, 1912 (Central Act 4 of 1912) or the Lepers Act, 1898 (Central Act 3 of 1898) or under any corresponding law in force in any area of the State for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the Government can be obtained in the matter.

No person who is admitted to any Institution shall leave it without an order of discharge or without the written permission of the officer-in-charge of the Institution.

(1) On a report from the officer-in-charge of any institution that a person has left such institution in contravention of section 15, any police officer or such other officer as may be authorised by Government in this behalf, shall arrest such person without a warrant and inform him of the grounds for such arrest and remove him immediately to the institution which he had left.

1. (2) The officer-in-charge of the institution shall produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction, within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of such magistrate and the magistrate shall, after satisfying himself that the said person has contravened the provisions of section 15, order him to be delivered to the institution with a warning.
2. (3) Any person dealt with under the provisions of sub-section (1), who absconds or takes to begging after he is discharged under section 15 shall be placed before a

Abettors to be punished with imprisonment or fine or both.- Whoever employs any person to beg or abets such employment, shall be punished on conviction by a magistrate with simple or rigorous imprisonment for a term which may extend to three months or with fine, which may extend to three hundred rupees or with both.

Any beggar refusing or failing to accompany a

Police Officer or any officer authorised by the Government in this behalf appear before a magistrate or to be taken to an institution when required under this Act, shall be punished on conviction by a magistrate with simple imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both.