Section 5 in Sikkim Prohibition of Beggary Act, 2004
5. Summary inquiry in respect of persons found begging.
(1)Where a person who is brought before the Court under the last preceding section 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 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 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 and offenders.(5)The Court shall order the person found to be a beggar and offenders under the last preceding sub-section to be detained in a Certified Institution for a period of not less than one year 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 and offenders as aforesaid is not likely to beg again, it may after due admonition release the beggar and offenders on a bond for the beggar and offenders abstaining from begging and being of good behaviour being executed with or without sureties as the Court may require by the beggar and offenders 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 and offenders,(b)the circumstances and conditions in which the beggar and offenders was living,(c)reports made by the Probation Officer, and(d)such other matters as may, in the opinion of the Court, required to be taken into consideration in the interest of the beggar and offenders.(7)The report of the Probation Officer or any other report considered by the Court under clause (c) of sub-section (6) of Section 5 immediately preceding, 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 and offenders is living, the Court may, if it thinks expedient, communicate the substance thereof to the beggar and offenders or in case of dependants to the guardian concerned and may give the beggar and offenders 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) of Section 5 shall be sent forthwith to the Superintendent.(9)Notwithstanding anything in this section, when the person found to be a beggar and offenders as aforesaid is a child, being a child who is not under the age of five years, 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 as per Juvenile Justice (Care & Protection) Act, 2000. For the purpose of ascertaining the age of the person, the Court may, if necessary, cause the beggar and offenders to be examined by a Medical officer.
