Gujarat High Court Criminal Manual (subordinate court practice), 1977
Sub-sections (a), (b) and (c) of Section 2 (1) (i) describe the ways in which persons solicit or receive alms. In addition, sub-section (d) lays down that persons having no visible means of subsistence and, wandering about or remaining in any public place in such condition or manner, as makes it likely that the persons doing so exist by soliciting or receiving alms; are also defined as beggars under section 2 (1) (i) (d). The provisions of this section enjoin upon the magistrates to detain the vagrants who are likely to exist by soliciting or receiving alms. Utilizing these provisions with adequate prudence will help largely in combating the problem of beggary. All offences under this Act except those under Section 11 that is regarding penalty for employing or causing persons to be or using them for begging, shall be tried in a summary way. Sub-sections (1) to (4) of Section 5 authorise Magistrates to make summary inquiry and release a person forthwith if he was not found begging. The Magistrates under sub-section (5) of Section 5 have to satisfy themselves that the person found to be a beggar is not likely to beg again whenever they release the beggars after due admonition and with a bond. Sub-section (6) of section 5 makes it obligatory upon the court to obtain a report regarding his age and character, the conditions in which he was living, and such other matter, as may in the opinion of the court, require to be taken into consideration in his interest. The Probation Officers attached to a Receiving centre for Beggars collect this data.