THE PUBLIC GAMBLING ACT, 1867

PREAMBLE

What is the official title of the statute enacted to deal with public gambling?

The statute is titled the Public Gambling Act, 1867.

What is the Act number assigned to the Public Gambling Act, 1867?

It is Act No. 3 of 1867.

On which date was the Public Gambling Act, 1867 enacted?

The Act was enacted on 25th January, 1867.

What conduct does the long title of the Public Gambling Act, 1867 expressly seek to punish?

It seeks to punish public gambling and the keeping of common gaming houses.

Which territories are expressly mentioned in the long title as the area of application of the Act?

The United Provinces, East Punjab, Delhi, and the Central Provinces.

What is the legal significance of the Preamble in construing the Public Gambling Act, 1867?

It explains the object and purpose of the legislation.

What phrase marks the commencement of the operative provisions after the Preamble?

The phrase “It is hereby enacted as follows”.

What does section 1 deal with?

Interpretation-Clause

What expression is defined under Section 1 of the Public Gambling Act, 1867?

The expression defined is “common gaming-house”.

What types of premises are included within the definition of a common gaming-house?

Any house, walled enclosure, room, or place is included.

What items must be kept or used in a place to qualify it as a common gaming-house?

Cards, dice, tables, or other instruments of gaming.

Is the mere presence of gaming instruments sufficient to constitute a common gaming-house?

No, they must be kept or used for profit or gain.

For whose benefit must the profit or gain arise to constitute a common gaming-house?

The profit or gain must arise for the person owning, occupying, using, or keeping such house, enclosure, room or place.

Does charging for the use of the premises itself fall within the definition of a common gaming-house?

Yes, charging for the use of the house, enclosure, room, or place is included.

What is the significance of the phrase “or otherwise howsoever” in the definition?

It widens the scope to include all forms of profit or gain, irrespective of the method.

Does the definition require proof of actual gambling at the time of inspection?

No, keeping or using instruments for profit or gain is sufficient.

What does section 2 deals with?

Power to extend Act.

Which sections of the Public Gambling Act, 1867 extend automatically to the whole of the said States?

Sections 13 and 17 extend automatically to the whole of the said States.

Which authority is empowered to extend the remaining provisions of the Act?

The State Government is empowered to extend the remaining provisions.

Is the extension of the remaining sections mandatory or discretionary?

The extension is discretionary, as it depends on the State Government thinking fit.

By what mode must the State Government extend the remaining sections of the Act?

By a notification published in the Official Gazette.

What is the minimum publication requirement for a notification extending the Act?

The notification must be published in three successive numbers of the Official Gazette.

To which areas can the remaining sections of the Act be extended by notification?

Any city, town, suburb, railway-station, house, or place.

What is the maximum permissible distance for extending the Act beyond a railway-station?

Not more than three miles from any part of such station-house.

Does the Act permit extension to individual houses and places?

Yes, it expressly permits extension to any house or place.

What power does the State Government have regarding territorial limits in the notification?

It may define the limits for the purposes of the Act.

Can the limits defined under a notification be modified later?

Yes, the State Government may alter the limits from time to time.

From which date do the extended provisions of the Act become operative?

From the date of such extension.

What happens to existing rules having the force of law upon extension of the Act?

Such rules cease to have effect to the extent of inconsistency or repugnancy.

Does every existing rule automatically cease upon extension of the Act?

No, only those rules which are inconsistent with or repugnant to the extended sections cease to have effect.

In which territories do inconsistent rules lose their effect after extension?

In the territories to which the extension has been made.

What does section 3 deals with?

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

Who can be held liable under Section 3 of the Public Gambling Act, 1867 for operating a gaming-house?

Any owner or occupier, or person having the use of a house, walled enclosure, room, or place situated within the limits to which this Act applies, who opens, keeps, or uses it as a common gaming-house.

What conduct constitutes an offence when committed by an owner or occupier under Section 3?

Opening, keeping, or using the premises as a common gaming-house.

What additional mens rea is required when liability is based on permitting use by another person?

The owner or occupier must knowingly or wilfully permit such use.

Can an owner be punished for allowing another person to run a gaming-house on his premises?

Yes, if he knowingly or wilfully permits it.

Who is liable under Section 3 for managerial involvement in a gaming-house?

Any person having care or management of, or assisting in conducting, the business of such gaming-house.

Is active management necessary to attract liability under Section 3?

No, even assisting in conducting the business is sufficient.

Does Section 3 extend liability to financiers of gambling activities?

Yes, persons who advance or furnish money for gaming purposes are liable.

For what purpose must money be advanced to attract liability under Section 3?

For the purpose of gaming with persons frequenting the gaming-house.

What is the maximum fine prescribed under Section 3?

A fine not exceeding two hundred rupees.

What is the maximum term of imprisonment prescribed under Section 3?

Imprisonment of either description for a term not exceeding three months.

How is the expression “imprisonment of either description” to be understood?

It has the meaning assigned under the Indian Penal Code, 1860.

What does Section 4 of the Public Gambling Act, 1867 deal with?

It deals with the penalty for being found in a gaming-house.

Who can be punished under Section 4 of the Public Gambling Act, 1867?

Any person found in a common gaming-house playing or gaming, or present for the purpose of gaming.

What acts constitute gaming under Section 4?

Playing or gaming with cards, dice, counters, money, or other instruments of gaming.

Is actual playing necessary to attract liability under Section 4?

No, mere presence for the purpose of gaming is sufficient.

Does Section 4 apply only when money or wager is involved?

No, it applies whether gaming is for money, wager, stake, or otherwise.

What is the maximum fine prescribed under Section 4?

A fine not exceeding one hundred rupees.

What is the maximum term of imprisonment prescribed under Section 4?

Imprisonment of either description for a term not exceeding one month.

How is the expression “imprisonment of either description” to be understood under Section 4?

It has the meaning assigned under the Indian Penal Code, 1860.

What legal presumption is created under Section 4 regarding presence in a gaming-house?

A person found in a common gaming-house during gaming is presumed to be there for the purpose of gaming.

Is the presumption under Section 4 conclusive?

No, the presumption is rebuttable until the contrary is proved.

When does the presumption under Section 4 arise?

When a person is found in a common gaming-house during any gaming or playing therein.

What does Section 5 of the Public Gambling Act, 1867 deal with?

It deals with the powers to enter and authorise police to enter and search.

Which authorities are empowered to act under Section 5?

The Magistrate of a district, any officer invested with full powers of a Magistrate, and the District Superintendent of Police.

What is the threshold requirement before action can be taken under Section 5?

The authority must have credible information and reason to believe that the house, walled enclosure, room or place, is used as a common gaming-house.

Is prior enquiry mandatory before exercising powers under Section 5?

Yes, such enquiry as the authority may think necessary must be conducted.

Can the empowered authority personally enter the suspected premises?

Yes, the authority may himself enter the premises.

Can the empowered authority authorise a police officer to conduct the entry and search?

Yes, entry and search may be authorised by warrant.

What is the minimum rank of the police officer who may be authorised under Section 5?

An officer not below the rank appointed by the State Government.

Can entry under Section 5 be made during night hours?

Yes, entry may be made by night or by day.

Is the use of force permitted while entering under Section 5?

Yes, force may be used if necessary.

Can persons found in the premises be taken into custody even if not gaming?

Yes, all persons found therein may be taken into custody whether or not actually gaming.

What categories of items may be seized under Section 5?

Instruments of gaming, money, securities for money, and articles of value.

What standard governs the seizure of money and articles of value?

They must be reasonably suspected to have been used or intended for gaming.

Does Section 5 permit the search of concealed places within the premises?

Yes, all parts of the premises may be searched if there is reason to believe gaming instruments are concealed.

Can the persons taken into custody be searched under Section 5?

Yes, the persons of those taken into custody may be searched.

Is a fresh authority required to seize instruments found during a search?

No, instruments found upon such search may be seized under the same authority.

What does Section 6 of the Public Gambling Act, 1867 deal with?

It deals with Finding cards, etc., in suspected houses, to be evidence that such houses are common gaming houses

What factual circumstance triggers the application of Section 6?

The finding of gaming instruments during a lawful entry or search under Section 5.

Which items, when found, attract the presumption under Section 6?

Cards, dice, gaming-tables, cloths, boards, or other instruments of gaming.

Where must the gaming instruments be found to invoke Section 6?

In the premises searched under Section 5 or on the person of those found therein.

What is the first presumption created under Section 6 regarding the premises?

That the premises are used as a common gaming-house.

What is the second presumption created under Section 6 regarding persons found therein?

That the persons were present for the purpose of gaming.

Is actual gaming required to be witnessed for the presumption under Section 6 to arise?

No, the presumption applies even if no play was actually seen.

Against whom can the presumption under Section 6 operate?

Against the house, enclosure, room, or place and the persons found therein.

Is the presumption created under Section 6 conclusive?

No, it operates until the contrary is made to appear.

Who bears the burden of disproving the presumption under Section 6?

The person against whom the presumption is raised.

Does the presumption depend on the personal observation of gaming by the Magistrate or police officer?

No, it applies notwithstanding absence of such observation.

What does Section 7 of the Public Gambling Act, 1867 deal with?

It deals with penalty for giving false names or addresses

To whom does Section 7 apply?

It applies to persons found in a common gaming-house entered under the Act.

At what stage can a person be required to give his name and address under Section 7?

Upon arrest by a police officer or upon being brought before a Magistrate.

Who is competent to demand the name and address under Section 7?

A police officer or a Magistrate.

What conduct attracts liability under Section 7?

Refusing or neglecting to give name and address, or giving a false name or address.

Is mens rea expressly required for liability under Section 7?

No, refusal, neglect, or falsity itself attracts liability.

Before whom must conviction under Section 7 take place?

Before the same or any other Magistrate.

What is the maximum monetary penalty prescribed under Section 7?

A penalty not exceeding five hundred rupees.

Can costs be imposed in addition to the penalty under Section 7?

Yes, reasonable costs may be imposed as determined by the Magistrate.

What happens upon non-payment of penalty and costs under Section 7?

The person may be imprisoned.

What is the maximum term of imprisonment prescribed under Section 7?

Imprisonment for a period not exceeding one month.

Can imprisonment be ordered even without first ordering payment of penalty and costs?

Yes, imprisonment may be ordered in the first instance if the Magistrate thinks fit.

What does Section 8 of the Public Gambling Act, 1867 deal with?

It deals with on conviction for keeping a gaming-house, instruments of gaming to be destroyed.

Upon whose conviction can powers under Section 8 be exercised?

Upon conviction of a person for keeping or using a common gaming-house or being present therein for the purpose of gaming.

Which authority is empowered to pass orders under Section 8?

The convicting Magistrate.

What order may the Magistrate pass regarding instruments of gaming under Section 8?

He may order all instruments of gaming found therein to be destroyed.

Is destruction of instruments of gaming mandatory under Section 8?

No, it is discretionary, as indicated by the word “may”.

Can the Magistrate pass orders regarding items other than instruments of gaming?

Yes, he may pass orders regarding securities for money and other articles seized.

What action may be taken with respect to securities for money and other articles seized?

They may be sold and converted into money.

What may be done with the proceeds of sale and money seized under Section 8?

They may be forfeited.

Does the Magistrate have discretion regarding forfeiture of seized money and proceeds?

Yes, he may order forfeiture or direct return in whole or in part.

To whom can the Magistrate order the return of money or proceeds?

To persons appearing to be severally entitled thereto.

Is the Magistrate bound to return property to the accused upon conviction?

No, return is discretionary and subject to entitlement appearing before the Magistrate.

Does Section 8 apply only to persons convicted of keeping a gaming-house?

No, it also applies to persons convicted of being present therein for the purpose of gaming.

What does Section 9 of the Public Gambling Act, 1867 deal with?

It deals with the proof of playing for stakes is unnecessary

Is it necessary to prove that gaming involved money, wager, or stake to convict under Section 9?

No, proof of playing for any money, wager, or stake is not necessary.

To which offences does Section 9 apply?

Keeping a common gaming-house or being concerned in its management.

Does Section 9 alter the substantive offence under the Act?

No, it only affects the proof required to secure conviction.

Does Section 9 apply to both owners and managers of gaming-houses?

Yes, it applies to anyone concerned in the management as well as those keeping the house.

Is the presence of gaming instruments alone sufficient under Section 9 to support a conviction?

Yes, actual stakes or wagers need not be proved.

Does Section 9 limit the presumption created under Section 6?

No, Section 9 supplements the evidentiary scheme but does not limit presumptions under Section 6.

What does Section 10 of the Public Gambling Act, 1867 deal with?

It deals with the power of a Magistrate to require persons found in a gaming-house to be sworn and give evidence.

Who can be required to give evidence under Section 10?

Any person found in a house, walled enclosure, room, or place entered under the Act.

Before whom can the evidence be required?

Before the Magistrate to whom the person is brought, any other Magistrate, or any Court in proceedings relating to unlawful gaming.

On what subjects may the Magistrate examine a person under Section 10?

Evidence touching unlawful gaming in the premises, or acts obstructing, delaying, or preventing entry of a Magistrate or authorised officer.

Can a person refuse to answer questions on the ground that it may incriminate him?

No, the person cannot be excused on the ground of self-incrimination.

Is the obligation to give evidence limited to the first examination?

No, it extends to any subsequent examination by the same or any other Magistrate or Court relating to the matter.

What happens if a person refuses to be sworn, take affirmation, or answer questions under Section 10?

The person shall be dealt with as if committing an offence under section 178 or 179 of the IPC, 1860.

Does Section 10 require prior consent of the person for examination?

No, examination is mandatory and lawful regardless of consent.

Can the Magistrate compel testimony regarding acts intended to obstruct lawful entry?

Yes, the Magistrate can examine regarding acts preventing, obstructing, or delaying entry.

Is the penal consequence under Section 10 for refusal independent of other offences?

Yes, refusal to comply attracts separate IPC-based penalties irrespective of other offences.

What does Section 11 of the Public Gambling Act, 1867 deal with?

It deals with indemnification of witnesses

Who is eligible for indemnity under Section 11?

Any person who has been concerned in gaming contrary to the Act and is examined as a witness.

Before whom must the person be examined to qualify for indemnity?

Before a Magistrate on the trial of any person for a breach of the Act.

What is the key condition for granting indemnity under Section 11?

The person must make a true and faithful discovery to the best of his knowledge, as judged by the Magistrate.

Who determines whether the discovery is true and faithful?

The Magistrate before whom the person is examined.

What form does the indemnity take under Section 11?

A certificate in writing issued by the Magistrate.

From what is the witness freed upon receiving the certificate?

From all prosecutions under the Act for anything done before the time of examination in respect of such gaming.

Does indemnity under Section 11 cover future offences?

No, it only covers acts done prior to the examination.

Is the issuance of the certificate mandatory once truthful disclosure is made?

It is at the discretion of the Magistrate, based on the opinion that the discovery was true and faithful.

Does Section 11 require the witness to confess only partial involvement to receive protection?

No, full and faithful disclosure of all matters examined is required.

What does Section 12 of the Public Gambling Act, 1867 deal with?

It deals with the act not to apply to certain games.

Which types of games are expressly excluded from the Act under Section 12?

Any game of mere skill.

Does Section 12 restrict the place where games of skill are played?

No, it applies wherever the game is played.

Do the provisions of the Act apply to games involving chance under Section 12?

No, Section 12 only excludes games of mere skill; games involving chance remain covered.

Is there any exception provided under Section 12 for betting on games of skill?

Section 12 does not mention betting; it only excludes mere skill games from application.

Does Section 12 limit the definition of gambling in the rest of the Act?

Yes, by clarifying that mere skill games are not considered gambling under the Act.

What does Section 13 of the Public Gambling Act, 1867 deal with?

It deals with Gaming and setting birds and animals to fight in public streets.

Who may apprehend persons under Section 13?

A police officer may apprehend without warrant.

Which persons are liable to apprehension under Section 13 for gambling?

Any person playing for money or other valuable thing with cards, dice, counters, or other gaming instruments in a public street, place, or thoroughfare, not being a game of mere skill.

Does Section 13 apply to private places?

No, it applies only to public streets, places, or thoroughfares.

Who else may be apprehended under Section 13 besides gamblers?

Any person setting birds or animals to fight in public streets, or any person aiding and abetting such fighting.

Where must the animals or birds be set to fight to attract liability under Section 13?

In any public street, place, or thoroughfare within the Act's limits.

What is the procedure after apprehension under Section 13?

The person must be brought without delay before a Magistrate.

What is the maximum fine prescribed under Section 13?

A fine not exceeding fifty rupees.

What is the maximum term of imprisonment under Section 13?

Imprisonment, either simple or rigorous, for up to one calendar month.

Which instruments may the police seize under Section 13?

Police officer may seize all instruments of gaming found in the public place or on the person of those arrested.

Who has the authority to order destruction of seized instruments under Section 13?

The Magistrate may order destruction on conviction of the offender.

Is destruction of gaming instruments mandatory under Section 13?

Yes, the Magistrate may order them to be forthwith destroyed upon conviction.

Does Section 13 require proof of playing for stakes for apprehension?

Yes, playing must be for money or other valuable thing; mere presence is insufficient.

What is the subject matter of Section 14 of the Public Gambling Act, 1867?

Section 14 deals with the offences by whom triable.

Which court is competent to try offences punishable under the Public Gambling Act, 1867?

Any Magistrate having jurisdiction over the place where the offence is committed is competent to try offences under the Act.

On what basis is territorial jurisdiction determined for trial under Section 14 of the Public Gambling Act, 1867?

Territorial jurisdiction is determined by the place where the offence is committed.

Does Section 14 confer unlimited sentencing powers on the Magistrate trying offences under the Act?

No, the Magistrate’s power to impose fine or imprisonment is restricted by the limits of jurisdiction prescribed under the Code of Criminal Procedure.

Which procedural law governs the limits of punishment that a Magistrate may impose under Section 14?

The limits of fine and imprisonment are governed by the Code of Criminal Procedure.

What is the subject matter of Section 14-A inserted by the Uttar Pradesh State Amendment in the Public Gambling Act, 1867?

Section 14-A deals with the compounding of offences punishable under the Public Gambling Act, 1867 in the State of Uttar Pradesh.

Who is competent to compound offences under Section 14-A of the Public Gambling Act, 1867 as applicable in Uttar Pradesh?

An officer specially empowered by the State Government through a notification is competent to compound offences under Section 14-A.

Is the power of compounding under Section 14-A absolute in nature?

No, the power of compounding is subject to any general or special orders issued by the State Government.

At what stage can an offence under the Public Gambling Act be compounded under Section 14-A?

An offence may be compounded either before or after the institution of prosecution.

What is the basis for determining the amount of composition fee under Section 14-A?

The composition fee is determined at the discretion of the empowered officer but cannot exceed the maximum amount of fine prescribed for the offence.

What is the legal effect of compounding an offence before the institution of prosecution under Section 14-A?

If compounded before prosecution, the offender shall not be liable to prosecution for such offence.

What is the consequence if an offender is in custody and the offence is compounded before prosecution under Section 14-A?

The offender shall be set at liberty if the offence is compounded before the institution of prosecution.

What is the legal consequence of compounding an offence after the institution of prosecution under Section 14-A?

Compounding after the institution of prosecution shall amount to acquittal of the offender.

Does Section 14-A permit compounding of repeat offences under the Public Gambling Act?

No, Section 14-A expressly prohibits the compounding of any subsequent offence committed by an offender previously convicted under the Act.

What is the statutory limitation imposed by the proviso to Section 14-A?

The proviso bars compounding of offences committed by a person who has once been convicted for any offence punishable under the Act.

Which State enactment introduced Section 14-A into the Public Gambling Act, 1867?

Section 14-A was inserted by the Uttar Pradesh Act 35 of 1979.

What does the provision relating to abatement of certain trials deal with?

It provides for statutory abatement of specified criminal trials and preventive proceedings notwithstanding anything contained in any other law in force.

What is the overriding nature of the provision on abatement of certain trials?

It operates notwithstanding anything contained in any other law for the time being in force.

Which category of proceedings is covered under clause (1) of the abatement provision?

Clause (1) covers trials of accused persons for specified offences.

Which offences under the Motor Vehicles Act are covered for abatement under this provision?

Trials for offences punishable under the Motor Vehicles Act, 1988 are covered for abatement.

Which offences under the Public Gambling Act, 1867 are excluded from abatement?

Offences punishable under Section 3 of the Public Gambling Act, 1867 and wagering offences punishable under Section 13 of that Act are excluded from abatement.

Which offences under the Public Gambling Act, 1867 are eligible for abatement under this provision?

All offences under the Public Gambling Act, 1867 except those punishable under Sections 3 and 13 are eligible for abatement.

Is an offence under Section 34 of the Police Act, 1861 covered by the abatement provision?

Yes, trials for offences punishable under Section 34 of the Police Act, 1861 shall abate.

Is an offence under Section 160 of the Indian Penal Code, 1860 covered under the abatement provision?

Yes, trials for offences punishable under Section 160 of the Indian Penal Code, 1860 shall abate.

Are offences punishable with fine only covered under the abatement provision?

Yes, trials for any other offence punishable with fine only are covered for abatement.

Which category of proceedings is covered under clause (2) of the abatement provision?

Clause (2) covers preventive proceedings under Sections 107 and 109 of the Code of Criminal Procedure, 1973.

What is the condition for abatement of proceedings under Sections 107 and 109 CrPC?

The proceedings must be pending before a Magistrate on the date of commencement of the Act.

What is the cut-off date specified for abatement of pending proceedings under Sections 107 and 109 CrPC?

Proceedings pending from before December 31, 2015 shall abate.

Does the provision require any judicial discretion for abatement to take effect?

No, abatement takes effect statutorily by operation of law.

What is the legal effect of abatement under this provision?

Abatement results in termination of the trial or proceeding without adjudication on merits.

Which Uttar Pradesh enactments govern the insertion and amendment of this abatement provision?

The provision was enacted by Uttar Pradesh Act 35 of 1979 and amended by Uttar Pradesh Acts 29 of 2016 and 9 of 2018.

What does Section 15 of the Public Gambling Act, 1867 deal with?

Section 15 provides for the Penalty for subsequent offence.

To whom does Section 15 apply under the Public Gambling Act, 1867?

It applies to a person who has already been convicted of an offence punishable under Section 3 or Section 4.

Which prior conviction is mandatory for invoking Section 15?

A prior conviction under Section 3 or Section 4 of the Act is mandatory.

Is it necessary that the subsequent offence be under the same section as the first offence?

No, the subsequent offence may be under either Section 3 or Section 4.

What is the quantum of punishment prescribed for a subsequent offence under Section 15?

The offender is liable to double the amount of punishment applicable for the first offence of the same description.

How is the punishment calculated for a subsequent offence under Section 15?

The punishment is calculated by doubling the punishment prescribed for the first commission of an offence of the same description.

What is the maximum fine that can be imposed under Section 15?

The fine shall not exceed six hundred rupees.

What is the maximum term of imprisonment that can be imposed under Section 15?

The imprisonment shall not exceed one year.

What does Section 16 of the Public Gambling Act, 1867 deal with?

Section 16 deals with the Portion of fine may be paid to informer

Which authority is competent to order payment to an informer under Section 16?

The Magistrate trying the case is competent to order such payment.

Under which sections’ fines can a portion be paid to an informer under Section 16?

A portion of any fine levied under Sections 3 and 4 may be paid to an informer.

Apart from fines, what other amounts can be directed to be paid to an informer under Section 16?

Any part of the moneys or proceeds of articles seized and ordered to be forfeited under the Act may be paid to an informer.

What does Section 17 of the Public Gambling Act, 1867 deal with?

Section 17 provides for the recovery and application of fines imposed under the Act.

How are fines imposed under the Public Gambling Act, 1867 to be recovered?

All fines imposed under the Act are recoverable in the manner prescribed by Section 61 of the Code of Criminal Procedure.

18. [Offences under this Act to be “offences” within the meaning of Penal Code.] Rep. by the Repealing Act, 1874 (16 of 1874), s. 1 and the Schedule, Pt. I.