The Bombay Prevention of Gambling Act, 1887

Bombay Act No. IV of 1887

5th January, 1888

An Act to consolidate and amend the law for the prevention of Gambling in the 2[State] of Bombay. WHEREAS it is expedient to consolidate and amend the law for the prevention of gambling in the 2[State] of Bombay; It is enacted as follows :— 2. This word was substituted for the word "Presidency" by Bom. 14 of 1959, s. 3 (a).

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1 Short title. Extent.

This Act may be cited as the Bombay Prevention of Gambling Act, 1887. It extends to the whole of the State of Gujarat.

2 [Repealed.]

[Repealed by Act XVI of 1895.]

3 "Gaming" defined.

In this Act "gaming" include wagering or betting except wagering or betting upon a horse-race when such wagering or betting takes place—

• (a) on the day on which such race is to be run, and
• (b) in an enclosure which the licensee of the race-course, on which such race is to be run, has set apart for the purpose under the terms of the licence issued under section 4 of the Bombay Race-Courses Licensing Act, 1912, in respect of such race-course, and
• (c) between any individual in person, being present in the enclosure, on the one hand, and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other hand or between any number of individuals in person in such manner and by such contrivance as may be permitted by such licence; 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 t

3A Punishment for printing or publishing pictures, digits or figures relating to Worli Matka or other form of gaming.

(1) Whoever prints or publishes in any manner whatsoever any pictures, digits or figures or combination of pictures, digits or figures relating to Worli Matka or any other form of gaming under the heading "Shubha Rashi" or by adopting any other form or device, or disseminates or attempts to disseminate or abets dissemination of information relating to such pictures, digits or figures or combination of pictures, digits or figures shall be punishable with imprisonment which may extend to six months and with fine which may extend to one thousand rupees.

(2) Where any person is accused of an offence under sub-section (1), any digits or figures or combination of digits or figures in respect of which the offence is alleged to have been committed shall be presumed to relate to Worli Matka gaming or some other form of gaming unless the contrary is proved by the accused.

4 Keeping common gaming-house.

(1) Whoever—

• (a) opens, keeps or uses any house, room or place, for the purpose of a common gaming-house,
• (b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,
• (c) has the care or management of, or in any manner assists in conducting the business of, any such house, room, or place opened, occupied, kept or used for the purpose aforesaid,
• (d) advances or furnishes money for the purpose of gaming with persons frequenting any such house, room or place,

shall, on conviction, be punishable with imprisonment which may extend to two years and with fine:

Provided that—

• (a) for a first offence such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;
• (b) for second offence such imprisonment shall not be less than six months and fi
  

5 Gaming in common gaming-houses.

Whoever is found in any common gaming-house gaming or present for the purpose of gaming, shall, on conviction, be punishable with imprisonment which may extend to nine months and with fine:

Provided that—

• (a) for a first offence such imprisonment shall not be less than two months and fine shall not be less than three hundred rupees;
• (b) for a second offence such imprisonment shall not be less than four months and fine shall not be less than three hundred rupees; and
• (c) for a third or subsequent offence such imprisonment shall not be less than nine months and fine shall not be less than three hundred rupees.

Any person found in any common gaming-house during any gaming therein shall be presumed, until the contrary is proved, to have been there for the purpose.

5A Seizure of register, record or writing by certain police officers.

Where—

• (i) in any area for which a Commissioner of Police has been appointed, a police officer not below the rank of a Deputy Commissioner of Police, and
• (ii) elsewhere, a police officer not below the rank of a Deputy Superintendent of Police,

is of the opinion that any register, record or writing of any kind whatsoever which contains pictures, digits or figures or combination of pictures, digits or figures relates to Worli Matka gaming or some other form of gaming, he shall be entitled to seize the same, and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade, industry, business, profession or vocation or of any lawful personal transaction of any person or it is otherwise not an instrument of gaming.

6 Entry, search etc. by Police Officers in gaming-houses.

(1) It shall be lawful for a Police Officer—

• (ia) in any area of the State, not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Additional Director General of Police (Law and Order) or whoever is holding that post in any rank or Additional Director General of Police C.I.D. (Crime); and
• (ib) in any area of police range not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Special Inspector General of Police or Deputy Inspector General of Police appointed for the respective police range; and
• (i) in any area for which a Commissioner of Police has been appointed not below the rank of a Sub-Inspector and either empowered by general order in writing by the Commissioner of Police or authorised in each case by special warrant issued by any police officer not below the rank of Deputy Commissioner of Police or, as the case may be, Superintendent of Police, and

6A Punishment 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, and on being required by such Officer or Magistrate to give his name and address refuses or neglects to give the same or gives any false name or address, he shall, on conviction, be punished with a fine not exceeding one thousand rupees and on the non-payment of such fine, or in the first instance if to the Court passing the sentence it shall seem fit, with imprisonment for a period not exceeding four months.

7 Presumptive proof of keeping or gaming in common gaming-house.

When any instrument of gaming has been seized in any house, room or place entered under section 6 or about person of any one found therein, and in the case of any other thing so seized if the court is satisfied that the Police Officer who entered such house, room or place had reasonable grounds for suspecting that the thing so seized was an instrument of gaming, the seizure of such instrument or thing shall be evidence, until the contrary is proved, that such house, room or place is used as a common gaming-house and the persons found therein were then present for the purpose of gaming, although no gaming was actually seen by the Magistrate or the Police Officer or by any person acting under the authority of either of them:

Provided that the aforesaid presumption shall be made, notwithstanding any defect in the warrant or order in pursuance of which the house, room or place was entered under section 6, if the Court considers the defect not to be a material one.

8 On conviction for keeping or gaming in common gaming-house, instruments of gaming may be destroyed.

On conviction of any person for opening, keeping or using a common gaming-house, or gaming therein, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein or on the persons of those who were found therein, to be forthwith destroyed or forfeited, 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 the proceeds thereof, with all moneys seized therein, to be forfeited; or, in his discretion, may order any part of such proceeds and other moneys to be paid to any person appearing to be entitled thereto.

9 Proof of playing for money not required for conviction.

It shall not be necessary, in order to convict a person of any offence against any of the provisions of sections 4 and 5, to prove that any person found gaming was playing for any money, wager or stake.

10 Indemnification of certain witnesses.

Any person who has been concerned in gaming contrary to this Act, and who is examined as a witness before a Magistrate in the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who, upon such examination, makes in the opinion of the Magistrate true and faithful discovery to the best of his knowledge of all things as to which he is 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.

11 [Deleted].

[Deleted].

12 Power to arrest, without warrant for gaming, and setting birds and animals to fight in public streets.

A Police Officer may apprehend and search without warrant—

• (a) any person found gaming or reasonably suspected to be gaming in any public street, thoroughfare, or in any place to which the public have or are permitted to have access or in any race-course;
• (b) any person setting any birds or animals to fight in any public street, or thoroughfare, or in any place to which the public have or are permitted to have access;
• (c) any person there present aiding and abetting such public fighting of birds and animals.

Any such person shall, on conviction, be punished both with fine which may extend to three hundred rupees, and with imprisonment which may extend to three months and where such gaming consists or wagering or betting or of any such transaction as is referred to in the definition of gaming given in section 3, any such person so found gaming shall, on conviction, be punished in the manner and to the extent referred to in section 4, and a

12A Power to arrest without warrant for printing, publishing or distributing any news or information.

A Police-officer may apprehend without warrant any person who prints, publishes, sells, distributes or in any manner circulates any news-paper, news-sheet or other document or any news or information with the intention of aiding or facilitating gaming. Any such person shall, on conviction, be punishable in the manner and to the extent referred to in section 4. And any police officer may enter and search any place for the purpose of seizing, and may seize all things reasonably suspected to be used or to be intended to be used, for the purpose of committing an offence under this section.

13 Saving of games of mere skill.

Nothing in this Act shall be held to apply to any game of mere skill wherever played.

14 Repeal and savings.

The Gambling Act, 1305-F, the Public Gambling Act, 1867 in its extension to the Vidarbha region of the State of Bombay, the Bombay Prevention of Gambling Act, 1887 as applied to the Saurashtra area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 and the Bombay Prevention of Gambling Act, 1887 as applied to the Kutch area by the Kutch (Application of Laws) Order, 1949 are hereby repealed:

Provided that such repeal shall not affect -

• (a) the previous operation of the Acts so repealed, or
• (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed, or
• (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the provisions of the Acts so repealed, or
• (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and an
  

S.1 Short title. Extent.

This Act may be cited as the Bombay Prevention of Gambling Act, 1887.

3[It extends to the whole of the 4[State of Gujarat. ]

3. This portion was substituted for the last two paras, by Bom. 14 of 1959, s. 3(b).

4. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

S.2 [Repeal of enactments.]

[Repeal of enactments.] Rep. Act XVI of 1895.

S.3 "Gaming" defined. "Instruments of gaming" defined. "Common gaming house" defined.

5[ In this Act "gaming" include wagering or betting except wagering or batting upon a horse-race when such wagering or betting takes place—

• (a) on the day on which such race is to be run, and
• (b) in an enclosure which the licensee of the race-course, on which such race is to be run, has set apart for the purpose under the terms of the licence issued under section 4 of the Bombay Race-Courses Licensing Act, 19126, in respect of such race-course, and
• 7[(c) between any individual in person, being present in the enclosure, on the one hand, and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other hand 8[or between any number of individuals in person in such manner and by such contrivance as may be permitted by such licence;

but does not include a lottery.

Any transaction by which a person in any capacity whatever employs another in any capacit

S.3A Punishment for printing or publishing pictures, digits or figures relating to Worli Matka or other form of gaming.

18[3A. (1) Whoever prints or publishes in any manner whatsoever any 19[pictures, digits or figures or combination of pictures, digits or figures] relating to Worli Matka or any other form of gaming under the heading "Shubha Rashi" or by adopting any other form or device, or disseminates or attempts to disseminate or abets dissemination of information relating to such 19[pictures, digits or figures or combination of pictures, digits or figures] shall be punishable with imprisonment which may extend to six months and with fine which may extend to one thousand rupees.

(2) Where any person is accused of an offence under sub-section (1), any digits or figures or combination of digits or figures in respect of which the offence is alleged to have been committed shall be presumed to relate to Worli Matka gaming or some other form of gaming unless the contrary is proved by the accused.]

18. Section 3A was inserted, by 16 of 1972, s. 2(a).

S.4 Keeping common gaming-house.

20[(1)] Whoever—

• (a) 21[opens, keeps or uses any house, room or place], for the purpose of a common gaming-house,
• (b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,
• (c) has the care or management of, or in any manner assists in conducting the business of, any such house, room, or place opened, occupied, kept or used for the purpose aforesaid,
• (d) advances or furnishes money for the purpose of gaming with persons frequenting any such house, room or place,

22[shall, on conviction, be punishable with imprisonment 23[which may extend to two years] and with fine:

Provided that—

• (a) for a first offence such imprisonment shall not be less than 24[three months and fine shall not be less than five hundred rupees];
• (b) fo
  

S.5 Gaming in common gaming-houses.

28[Whoever is found in any common gaming-house gaming or present for the purpose of gaming, 29[shall, on conviction, be punishable with imprisonment 30[which may extend to nine months] and with fine:

Provided that—

• (a) for a first offence such imprisonment shall not be less than 31[two months and fine shall not be less than three hundred rupees];
• (b) for a second offence such imprisonment shall not be less than 32[four months and fine shall not be less than three hundred rupees]; and
• (c) for a third or subsequent offence such imprisonment shall not be less than 33[nine months and fine shall not be less than three hundred rupees.]]] Any person found in any common gaming-house during any gaming 34* * therein shall be presumed, until the contrary 35[is proved], to have been there for the purposed.

28. This paragraph was substituted by Bom. 6 o

S.5A Seizure of register, record or writing by certain police officers.

36[5A. Where—

• (i) in any area for which a Commissioner of Police has been appointed, a police officer not below the rank of a Deputy Commissioner of Police, and
• (ii) elsewhere, a police officer not below the rank of a Deputy Superintendent of Police,

is of the opinion that any register, record or writing of any kind whatsoever which contains 37[pictures, digits or figures or combination of pictures, digits or figures] relates to Worli Matka gaming or some other form of gaming, he shall be entitled to seize the same, and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade, industry, business, profession or vocation or of any lawful personal transaction of any person or it is otherwise not an instrument of gaming. ]

36. Section 5A was inser

S.6 Entry, search etc. by Police Officers in gaming-houses.

38[6. 39[(1)] It shall be lawful for a Police Officer—

40[(ia) in any area of the State, not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Additional Director General of Police (Law and Order) or whoever is holding that post in any rank or Additional Director General of Police C.I.D. (Crime); and

(ib) in any area of police range not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Special Inspector General of Police or Deputy Inspector General of Police appointed for the respective police range; and]

• (i) 41[in any area for which a Commissioner of Police has been appointed] not below the rank of a 42** Sub-Inspector and either empowered by general order in writing 43[by the Commissioner of Police or authorised in each case by special warrant issued by any police officer not below the rank
  

S.6A Punishment for giving false names and addresses.

51[6A. 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, and on being required by such Officer or Magistrate to give his name and address refuses or neglects to give the same or gives any false name or address, he shall, on conviction, be punished with a fine not exceeding one thousand rupees and on the non-payment of such fine, or in the first instance if to the Court passing the sentence it shall seem fit, with imprisonment for a period not exceeding four months.]

51. Section 6-A was inserted by Bom. 14 of 1959, s. 3 (e).

S.7 Presumptive proof of keeping or gaming in common gaming-house.

52[7. When any instrument of gaming has been seized in any house, room or place entered under section 6 or about person of any one found therein, and in the case of any other thing so seized if the court is satisfied that the Police Officer who entered such house, room or place had reasonable grounds for suspecting that the thing so seized was an instrument of gaming, the seizure of such instrument or thing shall be evidence, until the contrary is proved, that such house, room or place is used as a common gaming-house and the persons found therein were then present for the purpose of gaming, although no gaming was actually seen by the Magistrate or the Police Officer or by any person acting under the authority of either of them ] :

53[Provided that the aforesaid presumption shall be made, notwithstanding any defect in the warrant or order in pursuance of which the house, room or place was entered under section 6, if the Court considers the defect not to

S.8 On conviction for keeping or gaming in common gaming-house, Instruments of gaming may be destroyed.

On conviction of any person for opening, keeping or using a common gaming-house, 54* * * or gaming therein, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein or on the persons of those who were found therein, to be forthwith destroyed 55[or forfeited],

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 the proceeds thereof, with all moneys seized therein, to be forfeited; or, in his discretion, may order any part of such proceeds and other moneys to be paid to any person appearing to be entitled thereto.

54. The words or playing were repealed by Bom. 6 of 1919, s. 5.

55. The words or forfeited were added by Bom. 1 of 1936, s. 7.

S.9 Proof of playing for money not required for conviction.

It shall not be necessary, in order to convict a person of any offence against any of the provisions of sections 4 and 5, to prove that any person found 56[gaming] was playing for any money, wager or stake.

56. This word was substituted for the words playing at any game by Bom. 6 of 1919, s. 6.

S.10 Indemnification of certain witnesses.

57[10. Any person who has been concerned in gaming contrary to this Act, and who is examined as a witness before a Magistrate in the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who, upon such examination, makes in the opinion of the Magistrate true and faithful discovery to the best of his knowledge of all things as to which he is 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.]

57. This section was substituted for the orginal by Bom. 14 of 1959, s. 3(g).

S.11 [Deleted]

11. [Payment of portion of fine to informer-Deleted by Guj, 32 of 1963, s. 3.]

S.12 Power to arrest, without warrant for gaming, and setting birds and animals to fight in public streets.

A Police Officer may apprehend 58[and search] without warrant—

• (a) any person found 59[gaming] 60[or reasonably suspected to be gaming] in any public street, 61[through fare, or in any place to which the public have or are permitted to have access] 62[or in any race-course];
• (b) any person setting any birds or animals to fight in any public street, 61[or thoroughfare, or in any place to which the public have or are permitted to have access];
• (c) any person there present aiding and abetting such public fighting of birds and animals.

Any such person shall, on conviction, be 63[punished both with fine] which may extend to 64[three hundred rupees], 66[and with imprisonment] which may extend to 66[three months] 67[and where such gaming consists or wagering or betting or of any such transaction as is referred to in the defin

S.12A Power to arrest without warrant for printing, publishing or distributing any news or information.

74[12A. A Police-officer may apprehend without warrant any person who prints, publishes, sells, distributes or in any manner circulates any news-paper, news-sheet or other document or any news or information with the intention of aiding or facilitating gaming.

Any such person shall, on conviction, be punishable in the manner and to the extent referred to in section 4.

And any police officer may enter and search any place for the purpose of seizing, and may seize all things reasonably suspected to be used or to be intended to be used, for the purpose of committing an offence under this section.]

74. Section 12-A was inserted by Bom. 1 of 1936, s. 10.

S.13 Saving of games of mere skill.

13. Nothing in this Act shall be held to apply to any game of mere skill wherever played.

S.14 Repeal and savings.

75[14. The Gambling Act, 1305-F, the Public Gambling Act, 1867 in its extension to the Vidarbha region of the State of Bombay, the Bombay Prevention of Gambling Act, 1887 as applied to the Saurashtra area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 and the Bombay Prevention of Gambling Act, 1887 as applied to the Kutch area by the Kutch (Application of Laws) Order, 1949 are hereby repealed :

Provided that such repeal shall not affect -

• (a) the previous operation of the Acts so repealed, or
• (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed, or
• (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the provisions of the Acts so repealed, or
• (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment