section 9
Court may order detention of persons wholly dependent on beggar
Sikkim Prohibition of Beggary Act, 2004(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 as to why such order should not be made. (2) Where the dependent person is a child the Court shall forward him to a Juvenile Court which shall deal with him as per the Juvenile Justice (Care and Protection) Act, 2000: Provided that where the dependent person is the beggar and offenders own child, being a child who is not under the age of five years and the beggar and offenders is an able-bodied mother who is incapable of maintaining the child or in a manner, the child may be ordered to be detained in a Certified Institution without being separated from the mother for the duration of the detention, until it attains the age of five years and thereafter be dealt with as provided in this sub-section. (3) For the purpose of this section, the Court may if necessary, cause the dependent person to be arrested and brought before itself and caused to be examined by a Medical Officer. The provisions of Section 57 of the Code of Criminal Procedure, 1973 shall apply to every arrest under this sub-section and the Officer-in-Charge of a police station shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.
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