Section 10 — Offences to be cognizable and triable summarily.

10. Offences to be cognizable and triable summarily.- Notwith-

standing anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 

every offence punishable under this Act shall be cognizable and every such 

offence shall be tried summarily by a Magistrate of the first class in accordance 

with the procedure specified in the said Code: 

Provided that, notwithstanding anything contained in the Code- 

(i)  arrest without a warrant may be made only by the special police 

officer or under his direction or guidance or subject to his prior 

approval; 

(ii)  when the special police officer requires any officer subordinate to 

him to arrest without warrant, otherwise than in his presence, any 

person for an offence under this Act, he shall give that subor-

dinate officer an order in writing, specifying the person to be 

arrested and the offence for which the arrest is being made; and 

the latter officer before arresting the person shall inform him of 

the substance of the order and, on being required by such person, 

show him the order; 

(iii)  any police officer, not below the rank of an Inspector specially 

authorised by the special police officer may, if he has reason to 

believe that on account of delay involved in obtaining the order of 

the special police officer, any valuable evidence relating to any 

offence under this Act is likely to be destroyed or concealed, or 

the person who has committed or is suspected to have committed 

the offence is likely to escape or if the name and address of such a 

person is unknown or there is reason to suspect that a false name 

or address has been given, arrest the person concerned without 

such order, but in such a case he shall report, as soon as may be, 

to the special police officer the arrest and the circumstances in 

which the arrest was made. 



8  THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979