PUBLIC GAMBLING ACT, 1867

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Interpretation clause.-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.

STATE AMENDMENTS

Assam:

The Assam Game and Betting Act, 1970 (18 of 1970) extends this Act to the whole of Assam, excluding the autonomous State of Meghalaya but including the City of Shillong. Section 2 gives the definition of "bet", "acceptance of bet", "Betting House", "instruments of betting", "records of betting", "District Magistrate", "District Superintendent of Police", 'person', 'valuable security', 'the Act' and 'invitation for betting' for the purpose of this Act in its application to Assam. [Vide Assam Act 18 of 1970, sec. 2.]

Himachal Pradesh:

In section 1, the following definitions shall be deemed to be substituted:-

• "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;

Madhya Pradesh:

In section 1(1) before the definition of "common gaming-house" the following definitions shall be inserted:-

• "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'.
• 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 full text continues to include all state-specific amendments and interpretations, which provide detailed regulations and exceptions regarding gaming activities across India.

Illustration

When you deposit Rs. 100 into your account, here's how the calculation works:

Description	Amount (in Rs)
Deposit Amount (A) Excl Govt. Tax	78.13
GST on A (@28%)	21.87
GST Cashback (B)	21.87
Added to Current Balance (A + B)	100

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 and address, he may, upon conviction before the same or any other Magistrate, be adjudged to pay any 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.

STATE AMENDMENTS

• (Assam) - In section 7, for the words "five hundred rupees" substitute the words "one thousand rupees". [Assam Act 18 of 1970, sec. 5 (w.e.f. 19-12-1970)].
• Madhya Pradesh.- In section 7, for the words "five hundred rupees", the words "one thousand rupees" and for the words "one month", the words "four months" shall be substituted. [(M) P. Act 25 of 1950, sec. 6 (w.e.f. 3-11-1950)].
• (Manipur) - Same as in Madhya Pradesh. [(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India, Pt. II, Sec. 3, p.149, dated 2nd February, 1952].
• (Punjab) - In section 7, for the words "before the same or any other Magistrate", substitute the words "before any Judicial Magistrate". [Punjab Act 25 of 1964, sec. 2 and Sch., Pt. II (w.e.f. 2-10-1964)].
• Uttar Pradesh.- In section 7, between the words "person found in" and the words "any common gaming house", add the words and commas "or in the immediate vicinity of". [(U) P. Act 21 of 1961, sec. 7 (w.e.f. 7-9-1961)].

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 severally thereunto entitled.

STATE AMENDMENTS

• Uttar Pradesh.- In section 8, for the word 'may', occurring between the word 'and' and the words 'also order', substitute the word 'shall'; delete the words 'or, in his discretion, may order any part thereof to be returned to the persons appearing to have been severally thereunto entitled' and for semi colon, after 'forfeited', substitute a full stop. [(U) P. Act 21 of 1961, sec. 8 (w.e.f. 7-9-1961)].

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.

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, walled enclosure, room 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, walled enclosure, room or place, or touching any act done for the purpose of preventing, obstructing or delaying the entry into such house, walled enclosure, room 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 or by or before the same or any other Magistrate, or by or before any Court on any proceeding or trial in any 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.

Witnesses Indemnified

Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as 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.

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.