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The Public Gambling Act, 1867
Central Act 3 of 1867
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LEGISLATIVE HISTORY 6 |
(a) on the day on which such race is to be run, and
(b) in an enclosure which the stewards controlling such race have with the sanction of the [State] Government set apart for the purpose, but does not include a lottery.
"Instruments of gaming" includes any article used as a means or appurtenance of, or for the purpose of carrying on a facilitating gaming, and any document used as a register or record or evidence of any gaming. "Common Gaming House" means any house or room or tent or enclosure or vehicle or vessel or any place whatsoever in which any instruments of gaming are kept or used for gaming purposes :-(a) with a view to the profit or gain of any person owning, occupying or keeping such house, room, tent, enclosure' vehicle, vessel or place whether by way of charge for the use of such house, room tent, enclosure, vehicle, vessel, place or instruments or otherwise howsoever;
(b) with or without a view to such profit or gain if the gaming for the purpose of which such instruments are so kept or used, is gaming on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event.
[Number and Gender.] Repealed by Act XVII of 1914, section 3 and Second Schedule.|
Object & Reasons6 |
(a) in the case of an offence under section 3, be liable to fine not exceeding one thousand rupees, or to imprisonment of either description for a term not exceeding one year or to both; and
(b) in the case of an offence under section 4, be liable to find not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding six months, or to both.]
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, upon credible information, and after such enquiry as he may think necessary, has reason to believe that any [house, room, tent, enclosure, vehicle, vessel or place], 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, any such [house, room, tent, enclosure, 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; and may search or authorise such officer to search all parts of the [house, room, tent, enclosure, 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. 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 [house, room, tent, enclosure, vehicle, vessel or place], entered or search under the provisions of the last proceeding section, or about the person to any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such [house, room, tent, enclosure, 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. 7. Penalty on persons arrested for giving false names and addresses. - If any person found in any common gaming-house entered by the Magistrate or officer of police under the provisions of this Act, upon being arrested, by such officer or upon being brought before any Magistrate, on being required by such officer of Magistrate to give his name and address, shall refuse or neglect to give the same, or shall give a false name or address, he may upon conviction. [before any judicial Magistrate] be adjudged to pay such penalty not exceeding five hundred 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 one month. 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 gaming-house, 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. 9. Proof of playing for stake 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 to stake. 10. Magistrate may require any person apprehended to be sworn and give evidence. - It shall be lawful for the Magistrate before whom any persons shall be brought, who have been found in any [house, room, tent, enclosure, 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 [house, room, tent, enclosure, vehicle, vessel or place] or touching any act done for the purpose of preventing obstructing or delaying the entry into such [house, room, tent, enclosure, vehicle, vessel or place] or any part thereof, of any Magistrate or officer authorised as aforesaid. No person so required to be examined shall be executed 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 other ways 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. 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. 12. [Repealed by Punjab Act 1 of 1929, section 5.] [13. Penalty for gaming in public street, etc. - Whoever is found gaming any public street, place or thoroughfare or setting any bird or any animal to fight in any such street, place or thoroughfare shall be punishable with fine not exceeding fifty rupees or with imprisonment of either description for a term not exceeding one month.] [13A. Enhanced punishment if offence under section 13 relates to gaming with figures, etc. - Where an offence committed by any person under section 13 relates to gaming on any figures or numbers or dates to be subsequently ascertained or disclosed, such person shall, notwithstanding anything contained in that section, be liable to fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding six months, or to both.] [13B. Power to arrest without warrant. - Any police officer may arrest without warrant any person committing in his view any offence made punishable by section 13 or section 13A] 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. [15. Penalty for subsequent offence under section 3. - Whoever, having been convicted of an offence punishable under section 3, shall again be convicted of any offence punishable under that section shall be punished :-(a) for a second offence with imprisonment of either description which may extend to six months, or with a fine which may extend to Rs. 1000 or with both;
(b) for a third or any subsequent offence with imprisonment of either description, which may extend to one year, and, in the absence of special reasons to the contrary to be recorded in the judgment of the Court, shall not be less than one month, together with a fine which may extend to Rs. 1000.]
[15A. Penalty for subsequent offence under section 4. - Whoever having been convicted of an offence punishable under section 4 shall again be convicted of any offence punishable under that section shall be liable 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.] [15B. Enhanced punishment for subsequent offences under sections 4-A and 13-A. - Whoever, having been convicted of an offence punishable under section 4A or section 13A, is again convicted of an offence under either of these sections shall, -(a) for a second offence, be punished with not less than twice the punishment awarded to him on his first conviction; and
(b) for a third or any subsequent offence, be punished with the punishment specified in clause (a) :
Provided that the punishment under clause (b) shall not be less than imprisonment of either description for six months.]
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. 17. Recovery and application of fines. - All fine imposed under this Act may be recovered in the manner prescribed by section 61 of the Code of Criminal Procedure [ - ] [Exemption of games of mere skill. - Nothing in this Act shall apply to any game of mere skill wherever played.]
