The Public Gambling Act, 1867

In this Act-- 1* * * * * "Common gaming-house".--"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 theprofit or gain of the person owning, occupying, using or keeping such house, enclosure, room orplace, whether by way of charge for the use of the instruments of gaming, or of the house,enclosure, room or place, or otherwise howsoever. 2* * * * *

1[Sections 13 and 17] of this Act shall extend to the whole of the2[said States] and it shall be competent to the State Government whenever it may think fit, toextend, by a notification to be published in three successive numbers of the Official Gazette, allor any of the remaining sections of this Act to any city, town, suburb, railway-station, house andplace being not more than three miles distant from any part of such station-house within the3[States], and in such notification to define, for the purposes of this Act, the limits of such city,town, suburb or station-house, 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 shallbe in operation in the territories to which such extension shall have been made, as shall beinconsistent with or repugnant to any section so extended, shall cease to have effect in suchterritories.

Whoever, being theowner or occupier, or having the use, of any house, walled enclosure, room or place situated within thelimits 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 house, walled enclosure, room or placeas aforesaid, knowingly or wilfully permits the same to be opened, occupied, used or kept byany other person as a common gaming-house; and whoever has the care or management of, or in any manner assists in conducting, the business of anyhouse, walled enclosure, room or place as aforesaid, opened, occupied, used or kept for the purposeaforesaid; and whoever advances or furnishes money for the purpose of gaining with persons frequenting suchhouse, walled enclosure, room or place; shall be liable to a fine not exceeding two-hundred rupees, or to imprisonment of eitherdescription,1 as defined in the Indian Penal Code (45 of 1860), for any term not exceeding threemonths.2

Whoever is found in any such house, walledenclosure, room or place, playing or gaming with cards, dice, counters, money or otherinstruments of gaming, or is found there present for the purpose of gaming, whether playing forany money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees,or to imprisonment of either description,1 as defined in the Indian Penal Code (45 of 1860), forany term not exceeding one month,2 and any person found in any common gaming-house during any gaming or playing therein shall bepresumed, until the contrary be proved, to have been there for the purpose of gaming.

If the Magistrate of adistrict or other officer invested with the full powers of a Magistrate, or the DistrictSuperintendent of Police, upon credible information, and after such enquiry as he may thinknecessary, has reason to believe that any house, walled enclosure, room or place, is used as acommon gaming-house, he may either himself enter, or by his warrant authorise any officer of police, not below suchrank as the State Government shall appoint in this behalf to enter with such assistance as may befound necessary, by night or by day, and by force if necessary, any such house, walled enclosure,room or place; and may either himself take into custody, or authorise such officer to take into custody, all personswhom 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 andsecurities for money, and articles of value, reasonably suspected to have been used or intended to be usedfor the purpose of gaming which are found therein; and may search or authorise such officer to search all parts of the house, walled enclosure,room or place which lie or such officer shall have so entered when he or such officer has reasonto believe that any instruments of gaming are concealed therein, and also the persons of thosewhom he or such officer so takes into custody; and may seize or authorise such officer to seize and take possession of all instruments of gamingfound upon such search.