PUBLIC GAMBLING ACT, 1867
1. Interpretation clause 1
2. Power to extend Act 5
3. Penalty for owning or keeping, or having charge of a gaming-house 8
4. Penalty for being found in gaming-house 11
5. Powers to enter and authorize police to enter and search 14
6. Finding cards etc., in suspected houses, to be evidence that such houses are common gaming-houses 17
7. Penalty on persons arrested for giving false name and addresses 21
8. On conviction for keeping a gaming-house, instruments of gaming to be destroyed 23
9. Proof of playing for stakes unnecessary 24
10. Magistrate may require any person apprehended to be sworn and give evidence 24
11. Witnesses indemnified 25
12. Act not to apply to certain games 25
13. Gaming and setting birds and animals to fight in public streets 26
14. Offences by whom triable 29
15. Penalty for subsequent offence 30
16. Portion of fine may be paid to informer 32
17. Recovery and application of fines 32
18. [Repealed by the Repealing Act, 1874 (16 of 1874)] 32
Public Gambling Act, 1867*
[3 OF 1867]1
An Act to provide for the punishment of public gambling and the keeping of common gaming-houses in the United Provinces, East Punjab, Delhi and the Central Provinces. Preamble.—
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 and the Central Provinces; It is hereby enacted as follows:—
STATE AMENDMENT
HIMACHAL PRADESH
In the Preamble, after the words “Central Provinces”, the words “and Himachal Pradesh”inserted [Vide H.P. (Adaptation of Laws) Order, 1948, w.e.f. 25-12-1948] Interpretation clause.
1. In this Act—
“Common gaming house” means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise howsoever.
*Dated 25-1-1867.
1.The Act has been extended to the whole of Madhya Pradesh by the Madhya Pradesh Extension of Laws Act, 1958 (when notified) and to Goa, Daman and Diu by the Goa, Daman and Diu (Laws) No. 2 Regulation, 1963, w.e.f. 19-12-1963. Extended as whole to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
COMMENTS
CASE LAWS
Profit or gain - The police raided the Crescent Recreation Club and found certain members playing “Rummy” for stakes, with cards, counters and “kitty” money, and the Treasurer/Secretary were also proceeded against on the footing that the club premises amounted to a common gaming house. The State relied on the club’s practice of supplying cards on extra charge, collecting a sitting fee per player, and levying a late fee if play continued beyond scheduled hours to contend that the club was making “profit or gain” so as to fall within the definition of a common gaming house. The Supreme Court held that such charges, in the setting of a members’ club, were consistent with ordinary club management and provision of amenities and were not, by themselves, proof of profit-making from gambling so as to convert the club into a common gaming house; the alleged levy of “points per game” was also not proved by reliable material. On the evidence, the ingredients necessary to treat the club as a common gaming house were not established, and the appeal failed. - The State of A.P. v. K. Satyanarayana and Others AIR 1968 SUPREME COURT 825.
Single use enough - While considering whether Sheikh Idu’s conviction under section 4 could stand, the Court examined the definition of “common gaming house” in Section 1(ii) (as amended in C.P.) and held that a house where card gaming is carried on with collection of nal (commission) money answers the definition even if only a single user of the house is proved; the statute does not require proof of habitual or repeated use, and importing such a limitation would be unwarranted. On the evidence that nal money was being collected for the benefit of the person running/using the place for gaming, the premises were treated as a common gaming house within section 1(ii), sustaining the basis for section 4 liability. - Provincial Government, Central Provinces v. Sheikh Idu s/o Satloo AIR 1949 NAGPUR 58.
STATE AMENDMENTS
HIMACHAL PRADESH
Section 1
For the definition of “common gaming-house” substitute the following definitions:‘“Gaming” includes wagering or betting on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event, or in any other manner whatsoever except wagering or betting upon a horse race, when such wagering or betting upon a horse race takes place:—
(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; “Instrument of gaming” includes any article used as a means or an appurtenance of, or for the purpose, of carrying on or facilitating gaming and any document used as a register or record or evidence of any gaming and, in particular, satta papers that is to say, any document wherein may be recorded any words and/or figures evidencing bets and used or intended to be used for in connection with gaming;
Explanation— If any document is recovered from the possession of any person containing words and, or figures, which prima facie appear to evidence bets, it shall be presumed
that the words and figures evidence bets and the document was used or intended to be used for gaming unless the person aforesaid proves to the contrary;
“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 instrument 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 in 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—[Vide the Public Gambling (Himachal Pradesh Amendment) Act, 1976, w.e.f. 30-7-1976]
MADHYA PRADESH
Section 1
- Before the definition of “common gaming-house”, insert:—
“‘Gaming’ includes wagering or betting but does not include a lottery.”
Any transaction by which 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’.
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’ and
“Instruments 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.
(2) For the definition of “common gaming-house”, substitute:— ‘“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;
