Section 5 in The M.P. Bhiksha Vritti Nivaran Adhiniyam, 1973
5. Summary enquiry in respect of persons 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 regard 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 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 six months 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 the beggar's 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 Act, 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)reports 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 under sub-section (6), 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 and, in case of dependents, to the guardian concerned, and may give the beggar 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 in this Section when the person found to be a beggar as aforesaid is a child, the Court shall forward him to a Juvenile Court and shall not make any order under sub-section (5). The Juvenile Court shall deal with the child under the provisions of the Madhya Pradesh Bal Adhiniyam, 1970 (No. 15 of 1970), as if the child were a neglected child. For the purpose of ascertaining the age of the person, the Court may, if necessary, cause the beggar to be examined by a medical officer.
