(1) Where a person is brought before a court under section 3, 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 (/) cannot be completed forthwith, the court may adjoum it from lime to time and order the person to be remanded to such place and custody as may be convenient or release him on a bail bond, with or without sureties.
(3) If on making the inquiry referred (o in sub-section (1), the court is pot 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 (7}, the court is satisfied that such person was found begging it shall record a finding that the person is a beggar and convict him accordingly.
(5) The court shat) order the ‘person convicted under subsection (4) to be detained in a Certified Institution in accordance with the provisions of section 7 for a period of not less thun one year and not more than two years :
Provided that if the court is satisfied from the circumstances of the case that such person is not likely to beg again, it may release him after due admonition on a bond for his abstaining from begging, being executed with or without suretics, as the court may require, by the beggar or any other person whom the court considers suitable :
Provided further that if the beggar is a minor, the bond shall be with sureties.
I. Substituled by Haryana Act 27 af 1975, l97i . Har)l'ana Act 9] PREVENTION OF BEGGARY 63
(6) In passing an order under this section, the court shail have regard to the following considerations :-—
(a) the age and character of the beggar :
(b) the circumstances and conditions in which the beggar is living;
{c) report, if any, made by the Probation Officer ; and
(d) such other matters as may, in the opinion of the court, require to be taken into consideration in the interest of the beggar. :
(7) The report of the Probation Officer or any other repk»n considered by the court shall be treated as confidential :
Provided that if such report retates to the character, health or conduct of, or the circumstances and conditions in which the beggar is living, the court may if it thinks expedient'so to do communicate the substance thereof to the heggar or, if the beggar is dependent to his parents or guardian, if any. and may give the beggar or the parent or guardian, as the case may be, an opportunity of producing evidence which may be relevant to the matters stated in the report.
. (8} A cepy of the order made under sub-section (5) shall be sent forthwith by the court to the Chief Inspector.
(9) Notwithstanding anything contained in this section, when the persan found to be a beggar as aforesaid is a child, the court shatl not make any order under sub-section (5) but forward the child to '[a Board constituted under section 3 of the Haryana Children Act, 1974], for being dealt with under that Act. For the purposc of ascertaining the age of the beggar, the court muy, if necessaty, cause him to be examined by a medicul officer.