Section 5 in Himachal Pradesh Prevention of Beggary Act, 1979
5. Procuring, inducing, or taking a child or female for the sake of begging.
(1)Any person over the age of 18 years who-(a)procures or attempts to induce a child or a female, whether with or without consent, for the purpose of begging; or(b)induces a child or a female to go from any place, with the intent that such child or female may become a beggar; or(c)takes or attempts to take a child or female, or causes a child or female to be taken, from one place, to another with a view to his/ her carrying on, or being brought up to carry on beggary; or(d)causes, or induces a child or a female to carry on beggary;(3)Whoever:-(a)fails to comply with an order issued under sub-section (2), within the period specified therein, or whilst an order prohibiting him or her from re-entering a place without permission is in force, reenters the place without such permission, or(b)knowingly that any person has, under sub-section (2) been required to remove himself or herself from the place and has not obtained requisite permission to re-enter it, harbours or conceals such person in the place, shall be punishable,-(i)on first conviction with imprisonment for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both; and(ii)in the event of a second or subsequent conviction with imprisonment for a term not less than three months and with fine which may extend to one thousand rupees; and(iii)in the case of continuing offence with an additional fine which may extend to twenty rupees for every day after the first offence during which such person has persisted the offence:Provided that in the case of conviction for an offence under sub-clause (ii) of this sub-section, for special and adequate reasons to be mentioned in the judgment of the court, a sentence of less than three months' imprisonment may be passed.(4)If in the course of an enquiry made under sub-section (1), it appears to the Magistrate that the person declared a beggar under sub-section (1), is either born or domiciled in the State of Himachal Pradesh or that it would not be in the general public interest to order his removal under sub-section (2), shall, after giving such a person an opportunity of adducing further evidence, as he may deem fit, punish such a beggar,-(a)on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and(b)in the event of a second or subsequent conviction with imprisonment for a term of not less than three months and with fine which may extend to one thousand rupees:Provided that in the case of conviction for an offence under sub-clause (b) of this sub-section, for special and adequate reasons to be mentioned in the judgment of the court, a sentence of less than three months' imprisonment maybe passed.(5)Notwithstanding anything contained in this section, if any person, shall be punishable on first conviction with imprisonment for a term of not less than three months, or with fine which may extend to two thousand rupees, or with both.(6)In the event of a second or subsequent conviction of an offence under this section a person shall be punishable with rigorous imprisonment for a term of not less than three months and with fine which may extend to two thousand rupees:Provided that in the case of conviction for an offence under this sub-section, for special and adequate reasons to be mentioned in the judgment of the court a sentence of less than three months imprisonment may be passed.(7)An offence under this section shall be triable-(a)in the place from which a child or female is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such child or female is made; or(b)in the place to which he/she may have gone as a result of the inducement or to which he/she is taken or caused to be taken or an attempt to take him/her is made.
