Section 4 in The Haryana Prevention of Beggary Act, 1971
4. Summary inquiry before detention.
- 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, 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 or release him on a bail bond, with or without sureties.(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 and convict him accordingly.(5)The Court shall order the person convicted under sub-section (4) to be detained in a Certified Institution in accordance with the provisions of Section 7 for a period of not less than one year and not more than two 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 considers suitable :Provided further that if the beggar is a minor, the bond shall be with sureties.(6)In passing an order under this section, the Court shall have regard to the following considerations :-(a)the age and character of the beggar;(b)the circumstances and conditions in which the beggar is living;(c)report, if any, 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 so to do communicate the substance thereof to the beggar or, if the beggar is dependent to his parent or guardian, if any, 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 contained in this section, when the person found to be a beggar as aforesaid is a child, the Court shall not make any order under sub-section (5) but forward the child to a Court constituted under the East Punjab Children Act, 1949, for being dealt with under that Act. For the purpose of ascertaining the age of the beggar, the Court may, if necessary, cause him to be examined by a medical officer.
