Section 5 in Bihar Prevention of Beggary Act, 1951
5. Summary inquiry in respect of persons found begging and their Detention.
(1)Where a person is brought before the Court under Section 4, 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 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 declaration that the person is a beggar. The Court shall also determine after making an inquiry in the manner prescribed whether the person was born in the State of Bihar and ordinarily resides therein and shall include the findings in the declaration. The Court shall make further order as is in this section hereinafter provided.(5)The Court shall order the person declared as beggar under sub-section (4) to be detained in a Work House, Special Home or, as the case may be, in a Certified Home in accordance with the provision of Section 7 for a period of not less than one and not more than three years:Provided that if the Court is satisfied the circumstances of the case that the person declared under sub-section (4) is not likely to beg again, it may release the beggar after due admonition 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)Notwithstanding anything in this section, when the person declared as beggar under sub-section (4) is a child not below the age of five years, the Court shall, instead of making any order under sub-section (5), submit the proceedings and forward the child to a Juvenile Court which may make such further inquiry (if any) as it may think fit and pass such sentence or order for the detention of the child in a Reformatory School or otherwise, as it might have passed if the child had been originally tried by it under Section 8 of the Reformatory Schools Act, 1897. For the purpose of this sub-section, the Court may, if necessary, cause the beggar to be examined by a medical officer.
