THE PUBLIC GAMBLING ACT, 1867

[Act No. 3 of 1867]

PREAMBLE

An Act to provide for the punishment of public gambling and the keeping of common gaming-houses in the United Provinces, East Punjab, Delhi 1[and the Madhya Pradesh].

Whereas it is expedient to make provision for the punishment of public gambling and the keeping of common gaming-houses in the United Provinces, East Punjab, Delhi [1][and the Madhya Pradesh].

It is hereby enacted as follows :--

Section 1 - Interpretation clause

In this Act--

[2]["Gaming" includes wagering or betting but does not include a lottery. Any transaction by which a person in any capacity whatever employs another in any capacity whatever or engages for another in any capacity whatever to wager or bet with another person shall be deemed to be 'gaming'.]

[3][The collection or soliciting of bets receipt or distribution 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 'gaming'.]

[4]["Instrument of gaming."-- The expression "instruments of gaming" includes any article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.]

[5]["Common gaming-house" means,--

(i)       in the case of gaming--

(a)      on the market price of cotton, opium or other commodity or on the digits of the number used in stating such price, or

(b)      on the amount of variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or

(c)      on the market price of any stock or share or on the digits of the number used in stating such price, or

(d)      on the occurrence or non-occurrence of rain or other natural event, or

(e)      on the quantity of rainfall or on the digits of the number used in stating such quantity, any house, room, tent, enclosure, space, vehicle, vessel or any place whatsoever in which such gaming takes place or in which instruments of gaming are kept or used for such gaming; (or)]

[6][(f) on the digits or figures or signs or symbols or pictures 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 gaming or any other form of gaming;]

(ii)      in the case of any other form of gaming, any house, room, tent, enclosure, space, vehicle, vessel or any place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owing, occupying, using or keeping such house, room, tent, enclosure, space, vehicle, vessel or place whether by way of change for the use of such house, room, tent, enclosure, space, vehicle, vessel, place or instrument or otherwise howsoever.]

Section 2 - Power to extend Act

Sections 13 and 17 of this Act shall extend to the whole of the said States and it shall be competent to the State Government whenever it may think fit, to extend, by a notification to be published in [7][***] the Official Gazette.

All or any of the remaining sections of this Act to any city, town, suburb, railway-station, house [8][or local area] [9][within the States] and in such notification to define for the purposes of this Act, the limits of such city, town suburb, 2[station-house or local area] and from time to time to alter the limits so defined.

From the date of any such extension, so much of any rule having the force of law which shall be in operation in the territories to which such extension shall have been made, as shall be inconsistent with or repugnant to any section so extended, shall cease to have effect in such territories.

Section 3 - Penalty for owning or keeping, or having charge of, a gaming-house

Whoever, being the owner or occupier, or having the use, of any [10][house, room, tent, enclosure, space, vehicle, vessel or place] situate within the limits to which this Act applies, opens, keeps or uses the same as a common gaming-house; and Whoever, being the owner or occupier of any such [11][house, room, tent, enclosure, space vehicle, vessel or place] as aforesaid, knowingly or wilfully permits the same to be opened, occupied, used or kept by any other person as a common gaming-house; and Whoever, has the care or management of, or in any manner assists in conducting, the business or any [12][house, room, tent, enclosure, space, vehicle, vessel or place] as aforesaid, opened, occupied, used or kept for the purpose aforesaid; and Whoever advances or furnishes money for the purpose of gaming with person frequenting such [13][house, room, tent, enclosure, vehicles, vessel or place;]

[14][shall be punished,--

(a)      for a first offence with imprisonment which may extend to [15][six months] or with fine which may extend to [16][one thousand rupees;]

(b)      for a second offence with imprisonment which may extend to [17][one year] and, in the absence of special reasons to the contrary to be mentioned in the judgment of the Court, shall not be less than [18][fourteen days] either with or without fine which may extend to [19][two thousand rupees;] and

(c)      for a third or subsequent offence with imprisonment which may extend to [20][one year] and, in the absence of special reasons to the contrary to be mentioned in the judgment of the Court, shall not be less than [21][four months] together with fine which may extend to [22][two thousand rupees.]

Section 4 - Penalty for being found in gaming-house

Whoever is found in any such [23][house, tents, rooms, enclosure, space, vehicle, vessel or place] playing or gaming with cards, dice, counters, money or other instruments of gaming, or is found there present for the purpose of gaming, whether playing for any money, wager, stake or otherwise, shall be liable to a fine not exceeding [24][five hundred rupees] or to imprisonment of either description, as defined in the Indian Penal Code (45 of 1860), for any term not exceeding [25][four months.]

and any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming.

Section 4A - Punishment for printing or publishing digits, figures, signs, symbols or pictures relating to Worli Matka or other form of gaming

[26][(1) 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 any other form of gaming under any heading whatsoever or by adopting any form or device, or disseminates or attempts to disseminate or abets dissemination of information relating to such digits or figures or signs or symbols or pictures or combination of any two or more of them shall be punishable with imprisonment which may extend to six months and with fine which may extend to one thousand rupees.

(2)   Where any person is accused of an offence under sub-section (1), any digits or figures or signs or symbols or pictures or combinations of any two or more of such digits or figures or signs or symbols or pictures in respect of which the offence is alleged to have been committed shall be presumed to relate to Worli Matka gaming or some other form of gaming unless the contrary is proved by the accused.]

Section 5 - Powers to enter and authorise police to enter and search

If the Magistrate of a district or other officer invested with the full powers of a Magistrate, or the District Superintendent of Police, [27][or the Deputy or the Assistant Superintendent of Police] upon credible information and after such  enquiry as he may think necessary, has reason to believe that any [28][house, room, tent, enclosure, space, vehicle, vessel or place] is used as a common gaming-house; he may, either himself enter, or by his warrant authorise any officer of police, not below such rank as the State Government shall appoint in this behalf, to enter with such assistance as may be found necessary, by night or by day, and by force if necessary, any such [29][house, room, tent, enclosure, space, vehicle, vessel or place];

and may either himself take into custody, or authorise such officer to take into custody, all persons whom he or such officer finds therein, whether or not then actually gaming;

and may seize or authorise such officer to seize all instruments of gaming, and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein [30][and also all moneys and securities for money found on the person of such persons as are found playing or gaming or found there present for the purpose of gaming within the meaning of Section 4];

and may search or authorise such officer to search all parts of the [31][house, room, tent, enclosure, space, vehicle, vessel or place] which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody;

and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search.

Section 5A - Seizure of register, record or writing

[32][If the District Magistrate or the Additional District Magistrate or a Police Officer not below the rank of Assistant Superintendent of Police is of the opinion that any register, record or writing of any kind whatsoever which contains digits or figures or signs or symbols or pictures or combination of any two or more of such digits, figures, signs, symbols or pictures relates to Worli Matka gaming or some other form of gaming, he shall be entitled to seize the same, and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade, industry, business, profession or vocation or of any lawful personal transaction of any person or it is otherwise not any instrument of gaming.]

Section 6 - Finding cards, etc., in suspected houses to be evidence that such houses are common gaming-houses

When any cards, dice, gaming-tables cloths, boards or other instruments of gaming are found in any [33][house, room, tent, enclosure, space, vehicle, vessel or place] entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such [34][house, room, tent, enclosure, space, vehicle, vessel or place] is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Magistrate or police officer, or any of his assistants.

Section 7 - Penalty on persons arrested for giving false names and addresses

If any person found in any common gaming-house entered by any Magistrate or officer of police under the provisions of this Act, upon being arrested, by any such officer or upon being brought before any Magistrate, on being required by such officer or Magistrate to give his name and address, shall refuse or neglect to give the same, or shall give any false name or address, he may upon conviction before the same or any other Magistrate be adjudged to pay any penalty not exceeding [35][one thousand rupees] together with such costs as to such Magistrate shall appear reasonable, and on the non-payment of such penalty and costs, or in the first instance, if to such Magistrate it shall seem fit, may be imprisoned for any period not exceeding [36][four months.]

Section 8 - On conviction for keeping a gaming-house, instruments of gaming to be destroyed

On conviction of any person for keeping or using any such common gaming-house, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the persons appearing to have been severally thereunto entitled.

Section 9 - Proof of playing for stakes unnecessary

It shall not be necessary, in order to convict any person of keeping a common gaming-house, or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager or stake.

Section 10 - Magistrate may require any person apprehended to be sworn and give evidence

It shall be lawful for the Magistrate before whom any person shall be brought, who have been found in any [37][house, room, tent, enclosure, space, vehicle, vessel or place] entered under the provisions of this Act, to require any such persons to be examined on oath or solemn affirmation, and give evidence touching any unlawful gaming in such [38][house, room, tent, enclosure, space, vehicle, vessel or place] or touching any act done for the purpose of preventing, obstructing or delaying the entry into such [39][house, room, tent, enclosure, space, vehicle, vessel or place] or any part thereof, of any Magistrate or officer authorised as aforesaid.

No person so required to be examined as a witness shall be excused from being so examined when brought before such Magistrate as aforesaid, or from being so examined at any subsequent time by or before the same or any other Magistrate, or by or before any Court on any proceeding or trial in any way relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself.

Any such person so required to be examined as a witness who refuses to make oath or take affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person committing the offence described in Section 178 or Section 179 (as the case may be) of the Indian Penal Code (45 of 1860).

Section 11 - Witnesses indemnified

Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming and who, upon such examination, shall in the opinion of the Magistrate make true and faithful discovery, to the best of his knowledge, of all things as to which he shall be so examined, shall thereupon receive from the said Magistrate a certificate in writing to that effect, and shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.

Section 12 - Act not to apply to certain games

Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played.

Section 13 - Gaming and setting birds and animals to fight in public streets

[40][A Police Officer may apprehend and search without warrant,--

(a)      any person found gaming or reasonably suspected to be gaming in any public street, or thoroughfare, or in any place to which the public have or are permitted to have access;

(b)      any person setting any birds or animals to fight in any public street, or thoroughfare, or in any place to which the public have or are permitted to have access;

(c)      any person there present aiding and abetting such public fighting of birds and animals.]

Such person when apprehended shall be brought without delay before a Magistrate, and shall be liable to a fine not exceeding [41][one hundred rupees,] or to imprisonment, either simple or rigorous, for any term not exceeding [42][four calendar months];

Destruction of instruments of gaming found in public street.--And such police officer may seize [43][all moneys and] all instruments of gaming found in such public place or on the person of those whom he shall so arrest, and the Magistrate may on conviction of the offender order such [44][moneys to be forfeited and such] instruments to be forthwith destroyed.

Section 14 - Offences by whom triable

Offences punishable under this Act shall be triable by any Magistrate having jurisdiction in the place where the offence is committed.

But such Magistrate shall be restrained within the limits of his jurisdiction under the Code of Criminal Procedure, as to the amount of fine or imprisonment he may inflict.

Section 15 - Penalty for subsequent offence

Whoever, having been convicted of an offence punishable under [45][***] Section 4 of this Act, shall again be guilty of any offence punishable under either of such sections, shall be subject for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description :

Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to imprisonment for a term exceeding one year.

Section 16 - Portion of fine may be paid to informer

The Magistrate trying the case may direct any portion of any fine which shall be levied under Sections 3 and 4 of this Act, or any part of the moneys or proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer.

Section 17 - Recovery and application of fines

All fines imposed under this Act may be recovered in the manner prescribed by Section 61 of the Code of Criminal Procedure.

Section 18 - Repealed

[Offences under this Act to be 'offences' within the meaning of Penal Code.][46]