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State of Uttar Pradesh - Section

Section 10 in The Uttar Pradesh Prohibition Of Beggary Act, 1975

10. Inquiry in respect of persons found begging

(1)Where a person is brought before the Court under section 9 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:Provided that the Court may, pending inquiry, release a person on furnishing bond, with or without sureties, that during the inquiry, he shall not resort to begging and shall attend the Court whenever required.
(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)If a person is found to be a beggar under the last preceding sub-section the Court may pass any of the following orders, namely-
(a)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 that person on a bond, with or without sureties, for his abstaining from begging, and being of good behaviour during the period in which the bond is in force;
(b)The Court may order him to be detained in a Certified Institution for a period which shall be not less than one year and may extend up to two years:
Provided that the court may, by a subsequent order, and for reasons to be recorded, reduce the period of such detention.
(6)In passing any order under the provisions of this Act, the Court shall have regard to the following, that is to say--
(a)the age and character of the person charged with begging,
(b)the circumstances and conditions in which that person was living, and
(c)such other matters as may, in the opinion of the Court, be necessary to be taken into consideration in the interests of such person.
(7)A copy of the order made under sub-section (5) shall be sent forthwith to the Superintendent of the Certified Institution.