Section 12 in Himachal Pradesh Prevention of Beggary Act, 1979
12. Seizure and custody of a child found with a beggar.
(1)The special police officer or any other police officer acting either under the directions of a special police officer or in the circumstances mentioned in third proviso to section 10, affecting the arrest of a person under this Act, may take into his custody any child or a female found with such person as being procured, induced or taken by such person for the purpose of begging and send or cause to be sent the said child or the female, as the case may be, to the beggar home.(2)The in charge of the beggar home shall be responsible for the care of the child or the female, as the case may be, and shall produce or cause to be produced him/her, before the Magistrate, as and when so required during the trial of the case. The Magistrate may, after making such enquiries as he may deem fit, make an order that such child/female be detained for such period as may be specified in the order in a beggar home or in such other custody as he, for reasons to be recorded in writing, shall consider suitable:Provided that such custody shall not be that of a person, or body of persons, of a religious persuasion different from that of the child or the female to be looked after.(3)Whenever it is established that the person whose custody has been entrusted to a beggar home under this section is a lifted child, the Magistrate may, after making such enquiry as he may deem fit and satisfying himself as to the correctness of the parentage of such a child, restore the child to his parents or his legal guardian, with the condition that the said child shall be properly looked after and brought up and shall be produced before him whenever so required.(4)Against every order under sub-section (2) or (3) an appeal shall lie to the Sessions Judge, whose decision on such appeal shall be final.
