Summary inquiry in respect of persons found begging and their detention

(1) Where a person is brought before a Court under section 3, 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, a 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 begging, 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 sub-section (4) to be detained in a Work House, Special Home or Certified Home in accordance with the provisions of section 7 for a period of not less than one year and not more than three years : Provided that if the court is satisfied from the circumstances of the case that such person is not likely to beg again, it may release him after due admonition on a bond for his abstaining from begging 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 an order under this section, 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 is living; (c) report 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. (7) The report of the Probation Officer or any other report considered by the court 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 the case of dependents, to the parent or guardian concerned and may give the beggar or the parent or guardian, as the case may be an opportunity of producing evidence which may be relevant to the matters stated in the report. (8) A copy of the order made under sub-section (5) shall be sent forthwith by the court to the Chief Inspector. (9) Notwithstanding anything in this section when the person found to be a beggar under sub-section (4) is a child who was found begging in any area in which the East Punjab Children Act, 1949, is in force, the court shall, instead of making any order under sub-section (5) forward the child along with the proceedings to a juvenile court as defined in clause (i) of section 3 of that Act, and the juvenile court may make such further inquiry as it may deem fit and pass such sentence or order for the detention of the child in a certified school or otherwise as it might have passed if the child were a person described in clause (a) of sub-section (1) of section 8 of that Act and had been originally tried by it under that section. For the purpose of this sub-section the court may, if necessary, cause the beggar to be examined by a medical officer.