[4
of 2023] [23rd
March 2023] An Act to curb the tendency
of extracting illegal money by involving in Gambling and Satta and to prevent
the social evil of Gambling and online Gambling and to prevent the consequential
financial trouble on the families in the State of Chhattisgarh and for relating
to and incidental thereto; Be it enacted by the
Chhattisgarh Legislature in the Seventy-Third Year of the Republic of India, as
follows:- (1)
This Act may be called the Chhattisgarh
Gambling (Prohibition) Act, 2022. (2)
It extends to the whole State of
Chhattisgarh. (3)
It shall come into force on the date of its
publication in the Official Gazette. (1)
In this Act,- (a)
"Gambling" includes the wagering or
betting, or wagering or betting through online for the purpose of financial
gain, but does not include lottery; Any transaction by which a
person in any capacity whatever, employs to wager or bet another in any
capacity whatever, or for another in any capacity whatever, appoints to wager
or bet with another person, shall be deemed to be "Gambling"; The collection or soliciting
of distribution of bets or the receipt of winnings or prizes in money or
otherwise in respect of wagering or betting or any act which is intended to aid
or facilitate wagering or betting or such collection, soliciting, receipt or
distribution shall also be deemed to be "Gambling"; (b)
"Instrument of Gambling" expression
"Instrument of Gambling" includes cards, dice, table for gambling,
cloth, any article used or intended to be used as a subject or means of
gambling, register, record or electronic record, electronic device, mobile app,
any document /electronic records made or indented for the purposes of
electronic transfer of fund, or the proceeds of any gambling and the winning or
prizes in money or otherwise distributed or to be distributed in respect of any
gambling. (c)
Gambling house" means,- In the case of gambling,- (a)
on the trade value of any article or in
stating such value or on the amount of variation in the trade value or on the
digits of the number used in stating the amount of such variation; or (b)
on the market price of any stock or shares or
on the digits of the number used in stating such price, or (c)
on the occurrence or nonoccurrence of
rainfall or other natural event; or (d)
on the digit or figure or sign or symbol or
picture used in stating the opening, middle or closing digits or figures or
signs or symbols or pictures declared for or in connection with worli, matka,
satta, or (e)
on the digit or figure or sign or symbol or
picture for stating or showing the opening, middle or closing digits or figures
or signs or symbols or pictures for wagering or betting in connection with any
gaming and any other form of gaming, any house, room, tent, enclosure, space,
vehicle, vessel or cyber space, online gambling platform or any place
whatsoever in which such gambling takes place or in which instruments of
gambling are kept or used for the profit or gain of the person using or keeping
for such gambling. (d)
"Online Gambling" means to involve
online in any gambling or competition or any gambling in any form in any name
whatever it may be or accepting the method in any form of combination of any
digits or figures or signs or symbols or pictures or by any process of
selection, or obtains online or attempts to obtain online or abets to obtain
online through computer, computer application, computer network, computer
system or mobile app or internet or any other communication device, electronic
application, software or any virtual platform of such digits or figures or
signs or symbols or pictures. Explanation- Word computer
communication device, computer network, computer resources, computer system,
cyber cafe and electronic record used in this Act, shall have the same meaning
referred for them in the Information Technology Act, 2000 (No. 21 of 2000); (e)
"Game of Skill" means that outcome
of the game is predominantly determined by the knowledge, training, expertise
and experience of the participant; Game of Chance" means that outcome of
the game is not predominantly determined by the knowledge, training, expertise
and experience of the participant but it determined by the chance and luck. (2)
Words and expressions used in this Act, but
not articulated in the Interpretation Clause and defined in other Acts, shall
have the same meaning as assigned to them in respective Acts. (1)
A police officer may apprehend and search
without warrant, any person found gambling or reasonably suspected to be
gambling or any person who aids or abets in gambling in any public street or
thoroughfare or in any place to which the public have or are permitted to have
access. (2)
Such person when apprehended shall be brought
without delay before the Judicial Magistrate having jurisdiction in respect of
that place and, on conviction after trial, shall be punishable with an
imprisonment for a term which may extend to 6 months or liable to with fine
which shall not be less than three thousand rupees but may extend to ten
thousand rupees or with both. whoever being the owner or
occupant of any house, room, tent, enclosure, space, vehicle, vessel, online
platform or place as aforesaid, knowingly or willfully permits the same to be
opened, occupied, used or kept by any other person as a gambling house; or whoever maintains or manages
or in any manner assists in conducting the business of any house, room, tent,
enclosure, space, vehicle, vessel, online platform or place as aforesaid and
opened, occupied, used or kept for the purpose aforesaid; or whoever advances or furnishes
money for the purposes of gambling with persons to arrive at such house, room,
tent, enclosure, space, vehicle, vessel, online platform or place, shall be
punishable,- (a)
For the first offence, with an imprisonment
for a term which shall not be less than 6 months but may extend to 3 years and
shall also be liable to with fine which may extend to fifty thousand rupees. (b)
For subsequent offences, with an imprisonment
for a term which shall not be less than 2 years but may extend to 5 years and
shall also be liable to with fine which may extend one lakh rupees. Any person found in any
gambling house during any gambling therein shall be presumed, until the
contrary be proved, to have been there for the purpose of gambling. (a)
For the first offence, with an imprisonment
for a term which shall not be less than 6 months but may extend to 3 years and
shall also be liable to with fine which shall not be less than ten thousand
rupees but may extend to one lakh rupees. (b)
For subsequent offences, with an imprisonment
for a term which shall not be less than 1 years but may extend to 5 years and
shall also be liable to with fine which shall not be less than fifty thousand
rupees but may extend to five lakh rupees. (1)
For the first offence with an imprisonment
for a term which shall be not less than 1 year but which may be extend to 3
years and shall also be liable to with fine which shall not be less than fifty
thousand rupees but may extend to five lakh rupees. (2)
For subsequent offences, with an imprisonment
for a term which shall not be less than 2 years but may extend to 7 years and
shall also be liable to with fine which shall not be less than one lakh rupees
but may extend to ten lakh rupees. (1)
If the person committing an offence under
this Act is a company, the company, as well as every person in-charge of and
responsible to the company for the conduct of its business at the time of the
commission of the offence shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly: Provided that, nothing
contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the
purposes of this Section,- (a)
"company" means a body corporate,
and includes a firm or other association of individuals; and (b)
"director" in relation to a firm,
means a partner in the firm. And may either himself take
into custody or authorize such officer to take into custody, all persons whom
he or such officer finds therein, whether or not then actually gambling; And may seize or authorize
such officer to seize all instruments of gambling and all moneys and all
securities for money and articles of value reasonably suspected to have been
used or intended to be used for the purposes of gambling which are found
therein, and all moneys and all securities for money found under Section 4 with
the persons who are playing game or present there for purpose of gambling; And may search or authorize
such officers to search all part of such house, room, tent, enclosure, space,
vehicle, vessel, cyber cafe, cyber space/ platform, or other place which he or
such officer shall have so entered when he or such officer has reason to
believe that any instrument of gambling are concealed therein, and also the
persons of those whom he or such officer so takes into custody; And may seize or authorize
such officer to seize and take possession of all instruments of gambling found
upon such search; And he may take action and
may authorize such officer to take action for freezing the operation of such
bank account, Mobile app wallet account or any other account, by whatever name
it is known, being used for gambling or online gambling; And if accused has earned
any property from the proceeds of gambling or online gambling on his name or in
benami shall be subjected to confiscation. (1)
Notwithstanding anything contained herein
contrary to the Criminal Procedure Code, 1973 (No. 2 of 1974),- (a)
Offences under section-3, section-5,
section-8 and section-9 of this Act shall be cognizable and bailable and
offences under section-4, section-6, section-7, section-11 and section-12 of
this Act shall be cognizable and non-bailable; (b)
No court inferior to that of a Judicial
Magistrate of the First Class shall try any offence punishable under this Act. (2)
The penal provisions in this Act shall be in
addition to, and not in derogation of, the provisions of any other Act for the
time being in force and in case of any inconsistency of this Act with the
provisions of any other State Act, the provisions of this Act shall, to the
aforesaid extent of such inconsistency, have overriding effect over any such
State Act. (1)
The State Government may, by notification,
make rules for carrying out the provisions of this Act, which shall come into
force from the date of their publication or from such date as may be specified
in this behalf. (2)
Every rule made under this Act, after it is
published, shall be laid before the Legislative Assembly as soon as may be
possible. (1)
The Public Gambling Act, 1867 (No. 3 of
1867), effective and existing in Chhattisgarh, shall be, hereby, deemed to be
repealed from the date of enactment of this Act; (2)
The repeal made under sub-section (1) shall
not affect the previous operation of the enactment so repealed, and anything
done by or under provision of the Act so repealed shall, in so far as it is
inconsistent with any provisions of this Act, be deemed to have been done under
this Act and shall remain effective till it has been suspended by any
proceeding under provision of this Act.The
Chhattisgarh Gambling (Prohibition) Act, 2022
Whoever being the owner or occupant or user of any house, room, tent,
enclosure, space, vehicle, vessel, online platform or place, situated within
the limits to which this Act applies; opens, keeps or uses the same as a
gambling house; or
Whoever is found in any such house, room, tent, enclosure, space, vehicle,
vessel, cyber space or other place, playing with cards, dice, counters, money,
online gambling platform or other instruments of gambling or is found there
present for the purpose of gambling, shall be punishable with an imprisonment
for a term which may extend to 6 months or liable to with fine which may extend
to ten thousand rupees or with both.
Whoever prints or publishes in any manner whatsoever any digits or figures or
signs or symbols or pictures or combination of any two or more of such digits
or figures or signs or symbols or pictures relating to Worli, Matka or in other
form of gambling under any heading whatever or by adopting any form of device,
or disseminates or attempts to disseminate or abets dissemination of
information for the purpose of playing satta by such digits or figures or signs
or symbols or pictures or combination of any two or more of them, shall be
punishable -
Whoever makes anyone indulge, or indulges or aids in making anyone indulge or
abets in making anyone indulge in online gambling, shall be punishable,-
Whoever voluntarily makes available his bank account, Mobile app wallet account
or any other account, by whatever name it is known, for gambling or online
gambling and earns any profit from it, shall be punishable with an imprisonment
for a term which may extend to 6 months or liable to with fine which may extend
to ten thousand rupees or with both.
If any person found in any gambling-house entered by any Magistrate or officers
of police under the provisions of this Act, upon being arrested by any such
officer or upon being brought before any such Magistrate, on being required by
such officer or Magistrate to give his name and address, refuses to give the
same, or gives any false name and address, on conviction after trial, shall be
punishable with an imprisonment for a term which may extend to 6 months or
liable to with fine which may extend to five thousand rupees or with both.
Advertisement of all such gambling games on electronic and print media where
chance prevails over the skills shall be prohibited.
Whoever contravenes of the provision of Section 10 shall be punishable with
imprisonment for a term which may extend to 3 years and liable to with fine
which may extend to fifty thousand rupees.
If the District Magistrate of a district or Additional District Magistrate or
Other Officer vested with the powers of a Executive Magistrate, or Officer not
below the rank of Deputy Superintendent of Police, upon credible information,
and after such inquiry as he may think necessary, has reason to believe at any
house, room, tent, enclosure, space, vehicle, vessel, cyber cafe, cyber
space/platform or other place is used as a common gambling house, he may, in
any time either himself enter, or by his warrant authorize any officer, not
below the rank of Sub-Inspector, to enter with such assistance as may be found
necessary, and if necessary, to enter by force, in such house, room, tent,
enclosure, space, vehicle, vessel, cyber cafe, cyber space/platform or other
place
If the District Magistrate or the Additional District Magistrate or Other
Executive Magistrate or Investigating Police Officer is of the opinion that any
register, record, electronic record, script, lap-top, mobile, computer, or any
kind of script/electronic script whatsoever which contains digits or figures or
signs or symbols or pictures or combination of any two or more of such digits
or figures or signs or symbols or pictures relates to worli, matka, gambling or
some other form of gambling/satta, he shall be empowered to seize the same and
such register, record/electronic record, shall be presumed to be an instrument
of gambling, similarly in any mobile, computer, or electronic device, any
application of gambling or Satta is found to have been downloaded and used,
then it shall be presumed to have been downloaded for the purpose of gambling
/Satta, unless it is proved by the person from whom it has been seized that the
said seized property is a register, record, electronic record or script of any
transaction in connection with a lawful trade, industry, business, profession
or vocation or it is not an instrument of gambling.
Nothing in the foregoing provisions of this Act shall not be held to apply to
any Game played for mere Skill but shall only apply to games of the chance and
luck.