section 5
Powers of police officer to arrest
The MP Redressal of begging Act 1973(1) Any police officer not below the rank of a Sub-Inspector may arrest without warrant any person who is found begging. (2) The person arrested under sub-section (1) shall be brought before the nearest Magistrate within 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the Magistrate. (3) The Magistrate before whom any person is brought under sub-section (1) shall, if the person is a beggar, order him to be detained in a receiving centre for such period as he deems fit. (4) The Magistrate while passing an order of detention under sub-section (3) shall give reasons for such order. (5) In passing an order under sub-section (3), the Magistrate shall have regard to the following matters: (a) the age and character of the person, (b) the circumstances and conditions in which the person was living before his arrest, (c) report made by the probation officer, if any, (d) such other matters as may be prescribed. (6) The order of detention made under sub-section (3) shall be sufficient authority for the detention of the person in the receiving centre.
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