Chapter II Chapter II

Procedure for Dealing with Beggars and Beggars Offenders

Powers of Courts. - 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 or a Juvenile Court and may be exercised by such Courts whether the case comes before them originally or on appeal or revision.

Power to require person found begging to appear before Court. -

1. (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.
2. (2) Such police officer or other person shall take or send the person so arrested to a Court.
3. (3) The provisions of Section 61 of the [Code of Criminal Procedure, 1898 (No. 5 of 1898)], shall apply to every arrest under this Section, and the officer-in-charge of the police station, shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.

Summary enquiry in respect of persons found begging and their detention. -

1. (1) Where a person who is brought before the Court under Section 4 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 regard the allegation that he was found begging.
2. (2) If the inquiry referred to in sub-section
3. (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 convenient.
4. (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.
5. (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.
6. (5) The Court shall order the person found to be a beggar under sub-section
7. (4) to be detained in a certified institution for a period of not less than six months 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.
8. (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.
9. (7) The report of the Probation Officer or any other report considered by the Court under sub-section (6), 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 and, in case of dependents, 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.
10. (8) A copy of the order made under sub-section
11. (5) shall be sent forthwith to the Chief Inspector.
12. (9) Notwithstanding anything in this Section when the person found to be a beggar as aforesaid is a child, 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 the provisions of the Madhya Pradesh Bal Adhiniyam, 1970 (No. 15 of 1970), as if the child were a neglected child.

Penalty for begging after detention as beggar Penalty for begging after detention as beggar. -

1. (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. (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. (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 more than three years but not exceeding ten yeas 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.

Offences to be tried summarily. - All offences under this Act except those under Section 11 shall be tried in a summary way.

Contribution of parents. -

1. (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 parent or other person liable to maintain him, to contribute to his maintenance, if able to do so, in the manner and to the extent prescribed.
2. (2) Before making any order under sub-section
3. (1) the Court shall make inquiry into,-
   • (i) the circumstances of the parent or other person liable to maintain him;
   • (ii) whether the person has any property in his own right or is entitled to any share in any property or has any relative who is legally bound to maintain him; and shall record evidence, if any, in the presence of the parent or such other person or relative as the case may be : Provided that no order shall be passed against the parent, such other person or the relative without giving him an opportunity of being heard.
4. (3) Any order made under this Section may, on an application made by the party liable or otherwise be varied by the Court.
5. (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 (No. 5 of 1898)].

Court may order detention of persons wholly dependent on beggar. -

1. (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. (2) Where the dependent person is a child, the Court shall forward it to a Juvenile Court which shall deal with it under the provisions of the Madhya Pradesh Bal Adhiniyam, 1970 (No. 15 of 1970), as if the child were a neglected child : 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. (3) For the purpose of this Section, the Court may, if necessary, cause the dependent person to be arrested, brought before itself and examined by a medical officer. The provisions of Section 61 of the [Code of Criminal Procedure, 1898 (No. 5 of 1898)], shall apply to every arrest under this sub-section, and the officer-in-charge of the police station shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.

Power of State Government to order further detention of incurably helpless beggars. - 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, 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 for begging or being used for the purpose of begging.

Penalty for employing or causing persons to beg or using them for purposes 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.