Section 5. Summary inquiry in respect of persons found begging and their detention.

(1) Where a person is brought before the Court under section 4, the Court shall make a summary inquiry 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 declaration that the person is a beggar. The Court shall also determine after making an inquiry whether the person was born in the State of Jammu and Kashmir and ordinarily resides therein and shall include the findings in the declaration. (5) The Court shall order the person declared as beggar under sub-section (4) to be detained in a Sick Home, Children’s Home or a Beggar’s Home, as the case may be, for a period not less than one year and not more than three years in the case of first offence.