(1) When the Court has ordered the detention of a person in a Certified Institution, under section 5 or section 6 it may, after making such inquiry as it thinks fit, order any other person who is wholly dependent on such person to be detained in a Certified Institution for a like period:
Bom. LXXI of Penalty for begging after detention as beggar.
Offences to be tried summarily.
Contribution of parents.
Court may order detention of persons wholly dependent on beggar.
V of 1898.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
Provided that before such order is made such dependent person shall be given an opportunity of showing cause why it should not be made.
(2) Where the dependent person is a child the Court shall forward him to a Juvenile Court which shall deal with him under section 40 of the Bombay Children Act, 1948 as if the child were a person described in clause (a) of that section:
Provided that where the dependent person is the beggar's own child, being a child who is under the age of five years, and the beggar is an able bodied mother, not being a contagious leper or a lunatic, the child may be ordered to be detained in a Certified Institution without being separated from the mother as regards the place of detention, until it attains the age of five years, and thereafter dealt with as provided in this sub-section.
(3) For the purpose of this section, the court may if necessary cause the dependent person to be arrested and brought before itself and caused to be examined by a medical officer. The provisions of section 61 of the Code of Criminal Procedure, 1898 shall apply to every arrest under this sub-section, and the officer in charge of the police station or section shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.
10. When any person who is detained in a Certified Institution under section 5 or section 6 or section 9 is considered, whether on an application made by him to the State Government or otherwise, by the State Government to be blind, a cripple, or otherwise incurably helpless, the State Government may order that he shall, after the expiry of the period of his detention be further detained indefinitely in a Certified Institution:
Provided that the State Government may release any such inmate if any person whom the State Government considers suitable executes a bond, with or without sureties as the State Government may require, making himself responsible for the housing and maintenance of such inmate, and for preventing him from begging or being used for the purpose of begging.
11. Whoever employs or causes, any person to solicit or receive alms, or whoever having the custody, charge or care of a child, connives at or encourages the employment or the causing of a child to solicit, or receive alms or whoever uses another person as an exhibit for the purpose of begging, shall on conviction be punished with imprisonment for a term which may extend to three years but which shall not be less than one year.
CHAPTER III.
RECEIVING CENTRES AND CERTIFIED INSTITUTIONS.