(1) If on completion of the inquiry, the court is not satisfied that the person was guilty of the offence under section 3, it shall order that such person shall be released forthwith.
(2) If on completion of the inquiry, the court is satisfied that such person is guilty of the offence under section 3, it shall record a declaration that the person is a beggar and shall make further orders as provided in sub-section (3) or sub-section (4) or sub-section (5) as the case may be, unless he is, in the opinion of the court, a leper or a lunatic, in which case the court shall make further orders as provided in sub-section (6).
(3) If the Court finds that the person who is declared a beggar under sub-section (2) is a child, it may, subject to the provisions of section 7, deal with the case in any manner specified in section 28 of 4the Andhra Pradesh (Andhra Area) Children Act, 1920, in accordance with the provisions of that Act.
(4) If the Court finds that the person who is declared a beggar under sub-section (2) has completed sixteen years
4. Andhra Area Act.
Central Act 2 of 1974.
Orders of the court on completion of inquiry in regard to person produced before it under section 4.
Act 4 of 1920.
[Act No.12 of 1977] 7 of age and is physically capable of ordinary manual labour, it may, instead of sentencing him under section 27, order his detention in a workhouse for a specified period not less than one year but not exceeding three years:
Provided that if the Court is satisfied from the circumstances of the case that the person declared a beggar under sub-section (2) is not likely to beg again it may,-
(i) instead of releasing him on probation of good conduct under clause (ii) release such person after due admonition on his giving an undertaking in writing that he will not again commit an offence under section 3;
(ii) direct that he be released on his entering into a bond with or without sureties to appear and receive sentence when called upon during such period as the Court may direct and in the mean time to be of good behaviour.
(5) If the court finds that the person who is declared a beggar under sub-section (2) has completed sixteen years of age but is not physically capable of ordinary manual labour, it may, instead of sentencing him under section 27, order his detention in a special home for such period as the Court may deem fit.
(6) (a) If the Court is of opinion that the person who is declared a beggar under sub-section (2) is a leper or a lunatic, it shall record a finding to that effect and shall direct that the detention ordered shall be undergone by the beggar-
(i) if a leper, in a leper asylum appointed under section 3 of the Lepers Act, 1898, and certified under section 11 of this Act ;
Central Act 3 of 1898.
8 [Act No. 12 of 1977]
(ii) if a lunatic, in an asylum established or licensed under section 84 of the Indian Lunacy Act, 1912 and certified under section 11 of this Act.
(b) Notwithstanding anything in the Lepers Act, 1898, or in the Indian Lunacy Act, 1912, in respect of any leper asylum or lunatic asylum referred to in clause (a) the Superintendent of such leper asylum or the person incharge of such lunatic asylum, as the case may be, shall also have authority to detain persons sent thereto in such asylum in accordance with the direction of the Court under this section.
7. Where the Court dealing with any case under sub-section (3) of section 6 finds that the person concerned,-
(i) has no home or settled place of abode or ostensible means of subsistence, or has no parent or guardian, or has a parent or guardian who does not exercise proper guardianship; or
(ii) is destitute and both his parents are or his surviving parent, or in the case of an illegitimate child his mother, is undergoing imprisonment; or
(iii) is under the care of a parent or guardian who by reason of criminal or drunken habits is unfit to have such care, it may order him to be sent to a school established or certified under the relevant law for the time being in force relating to children:
Provided that where the Court is satisfied that it is inexpedient to send the offender to such school by reason of his bodily ailment or incapacity or other cause, the Court Central Act 4 of 1912.
Central Act 3 of 1898.
Order of court in regard to beggar who is a child.
Central Act 4 of 1912.
[Act No.12 of 1977] 9 may, if separate accommodation is provided in a special home for persons who have not completed sixteen years of age, order his detention in such home for a specified period not exceeding three years:
Provided further that where the court is satisfied that the parent or guardian of the person concerned who is bound to maintain him has sufficient means but fails to maintain him, it may order such parent or guardian to maintain him or to contribute for his maintenance such amount as may be specified in that order.
8. Where a court has arrived at a finding regarding the age of a person dealt with by it under section 5, such age shall, for the purpose thereof be deemed to be his true age, and no order or judgment of the court shall be deemed to be invalid or be liable to be questioned in appeal or revision on the ground that the age of such person was not correctly determined by the court.