Section 5 in The Goa, Daman and Diu Prevention of Begging Act, 1972
5. Summary inquiry in respect of person found begging and their detention.—
(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 regards the allegation that he was found begging.(2)If the inquiry referred to in sub-section (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 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 Certified Institution for a period of not less than one year, 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 his 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.(6)In passing any order under the provisions of 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 was living;(c)the 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 the 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 to the Chief Inspector.(9)Notwithstanding anything contained in this section, when the person found to be a beggar as aforesaid is a child who is not under the age of five years, the Court shall not make any order under sub-section (5) but forward the child to a Court constituted under the Children Act, 1960 for being dealt with under that Act.(10)For the purpose of ascertaining the age of the person, the Court may, if necessary, cause such person to be examined by a medical officer.
