Section 10 in Himachal Pradesh Prevention of Beggary Act, 1979
10. Offences to be cognizable and triable summarily.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable and every such offence shall be tried summarily by a Magistrate of the first class in accordance with the procedure specified in the said Code:Provided that, notwithstanding anything contained in the Code, -(i)arrest without a warrant may be made only by the special police officer or under his direction or guidance or subject to his prior approval;(ii)when the special police officer requires any officer subordinate to him to arrest without warrant, otherwise than in his presence, any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer before arresting the person shall inform him of the substance of the order and, on being required by such person, show him the order;(iii)any police officer, not below the rank of an Inspector specially authorised by the special police officer may, if he has reason to believe that on account of delay involved in obtaining the order of the special police officer, any valuable evidence relating to any offence under this Act is likely to be destroyed or concealed, or the person who has committed or is suspected to have committed the offence is likely to escape or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person concerned without such order, but in such a case he shall report, as soon as may be, to the special police officer the arrest and the circumstances in which the arrest was made.
