PUBLIC GAMBLING ACT, 1867
PUBLIC GAMBLING ACT, 1867
Last Updated: 18670125
Contents
PREAMBLE. .
1 INTERPRETATION CLAUSE
2 POWER TO EXTEND ACT
3 PENALTY FOR OWNING OR KEEPING, OR HAVING CHARGE OFGAMINGHOUSE
4 PENALTY FOR BEING FOUND IN GAMINGHOUSE
5 POWERS TO ENTER AND AUTHORISE POLICE TO ENTER AND SEARCH
6 FINDING CARDS, ETC, IN SUSPECTED HOUSES, TO BE EVIDENCETHAT SUCH HOUSES ARE COMMON GAMINGHOUSES
7 PENALTY ON PERSONS ARRESTED FOR GIVING FALSE NAMES ANDADDRESSES
8 ON CONVICTION FOR KEEPING A GAMINGHOUSE, INSTRUMENTS OFGAMING TO BE DESTROYED
9 PROOF OF PLAYING FOR STAKE UNNECESSARY
10 MAGISTRATE MAY REQUIRE ANY PERSON APPREHENDED TO BESWORN AND GIVE EVIDENCE
11 WITNESSES INDEMNIFIED
12 ACT NOT TO APPLY TO CERTAIN GAMES
13 GAMING AND SETTING BIRDS AND ANIMALS TO FIGHT IN PUBLICSTREETS
14 OFFENCES, BY WHOM TRIABLE
15 PENALTY FOR SUBSEQUENT OFFENCE
16 PORTION OF FINE MAY BE PAID TO INFORMER
17 RECOVERY AND APPLICATION OF FINES
18 OFFENCES UNDER THIS ACT TO BE OFFENCES WITHIN THE MEANINGOF PENAL CODE
l[THE PUBLIC GAMBLING ACT, 1867]
*2Act No.III of 1867
[25th January, 1867]
An Act to provide for the punishment of public gambling and the keeping of common gaminghouses in 3[the Punjab].
Preamble. WHEREAS it is expedient to make provision for the punishment of public gambling and the keeping of common gaminghouses in 4[the Punjab];
It is hereby enacted as follows :
1. Interpretation clause.–In this Act___
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“Common gaminghouse”.___ Common gaminghouse means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profits 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:
1Short title given by the Repealing and Amending Act, 1897 (5 of 1897). This Act has been repealed to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981 , s. 4 and 3rd Sch. * The Public Gambling Act, 1867, (III of 1867) has been repealed in its application in the Province of Punjab. See Punjab Act, II of 1985, s.2. 2For Statement of Objects and Reasons, see Gazette of India, 1866, p. 976; for Report of the Select Committee, see Gazette of India, 1867, Supplement, p. 44; and for Proceedings in Council, see Gazette of India, 1866, p. 662, and Gazette of India, 1867, pp. 48 and 52. The Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3. It has been applied to phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P. subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. It has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from the 1st June, 1951,See N. W.F.P. Gazette Extraordinary, dated the 1st June, 1951. It has been amended in its application to their : (i) N.W.F.P. by N.W.F.P. Act 5 of 1947 and N.W.F.P. Act 28 of 1950; and (ii) Punjab, by Punjab Act 1 of 1929.
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. Sections 1,2,3,4,5,6,7,8,9,10,14,15 and 16 of this Act, have been extended to the Districts of Peshawar, Hazara and Mardan with effect from the 5th December, 1957, vide Police Notification No. 3(5)HPI/57 (7385)/26110, dated the 5th December, 1957. This Act has been repealed to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 4 and 3rd Sch.
3Certain original words have successively been amended by the Repealing and Amending Act, 1903 (1 of 1903), A. 0, 1949, Sch., and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.
4Certain original words have successively been amended by the Amending Act, 1891 (12 of 1891), Sch II, Act 1 of 1903. A.O. 1949 and Ordinance 21 of 1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955) to read as above.
5Definitions of" LieutenantGovernor "and "Chief Commissioner" rep. by A. O., 1937.
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2. Power to extend Act. 2[Sections 13 and 17] of this Act shall extend to the whole of the 3[Punjab]; and it shall be competent to the 4[Provincial Government] whenever 5[it] may think fit, to extend by a 6[notification to be published in three successive numbers of the official Gazette, all or any of the remaining sections of this Act to any city, town, suburb, railwaystation house and place being not more than three miles distant from any part of such stationhouse within the 7[Punjab], and in such notification to define, for the purposes of this Act, the limits of such city, town, suburb or stationhouse, and from time to time alter the limits so defined.
From the date of any such extension, so much of any rule having the force of law which shall be in operation in the territories to which such extension shall have been made, as shall be inconsistent with or repugnant to any section so extended, shall cease to have effect it such territories.
3. Penalty for owning or keeping, or having charge of gaminghouse. Whoever, being the owner or occupier, or having the use, of any house, walled enclosure, room or place situate within the limits to which this Act applies, opens, keeps or uses the same as a common gaminghouse; and
Whoever, being the owner or occupier of any such house, walled enclosure, room Of place as aforesaid, knowingly or willfully permits the same to be opened, occupied used or kept by any other persons as a common gaminghouse ; and.
Whoever has the care or management of, or in any manner assists in conducting, the business of any house, walled enclosure, room or place as aforesaid, opened, occupied, used or kept for the purpose aforesaid; and.
Whoever advances or furnishes money for the purpose of gaming with persons frequenting such house, walled enclosure, room or place,
1The clauses relating to “Number” and “Gender” rep. by the Second Repealing and Amending Act 1914 (17 of 1914), s. 3 and II Sch. 2Subs. by the Amending Act, 1891 (12 of 1891), for “ss. 13, 17 and 18,” 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "Province. which had been subs. for “said territories”, by A.O., 1949, Sch. 4Subs. by A.O., 1937, for “LieutenantGovernor or the ChiefCommissioner, as the case may be.” 5Subs., ibid., for “he”. 6For notification extending the remaining sections of this Act to the town of Kallarkot and certain villages in Mianwali District, see Gaz. of West Pakistan 1958,Pt.I, pp.18283. For notification extending the provisions of all the remaining sections of this act to the local limits of the revenue states( as specified in the land revenue record for the time being inforce) of Taxila in the Distrct of Rawalpindi, see West Pakistan Gazette, 1959, Pt. I p. 447. 7The Original words “territories subject to his governmnet or adminstration” have succesively been amended by A. O., 1937, A.O., 1949 Sch., and Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955) to read as above.
shall be liable to a fine not exceeding two hundred rupees, or to imprisonment of either description, 1as defined in the Pakistan Penal Code, (XLV of 1860) for any term not exceeding three months.2
4. Penalty for being found in gaminghouse. Whoever is found in any such house, walled enclosure, room or place, playing or gaming with cards, dice, counters, money or other instruments of gaming, or is found there present for the purpose of gaming, whether playing for any money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees, or to imprisonment of either description, 1as defined in the Pakistan Penal Code (XLV of 1860), for any term not exceeding one month,2
and any person found in any common gaminghouse during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming.
5. Powers to enter and authorise police to enter and search. If the Magistrate of a district3 or other officer invested with the full powers of a Magistrate3, or the District Superintendent of Police, upon credible information, and after such enquiry as he may think necessary, has reason to believe that any house, walled enclosure, room or place, is used as a common gaminghouse,
he may either himself enter, or by his warrant authorise any officer of police, not below such rank as the 4[provincial Government] shall appoint in this behalf to enter with such assistance as may be found 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 persons whom 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 and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for 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 or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody;
1See s. 53 of the Code. 2As to enhanced punishment for a second conviction of an offence under section 3 or section 4, see section 15 of this Act. 3Read District Magistrate and Magistrate of the first class, respectively, see Code of Criminal Procedure, 1898 (5 of 1898), s. 3. 4Subs. by A.O., 1937, for “LieutenantGovernor or ChiefCommissioner”.
and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search.
6. Finding cards, etc., in suspected houses, to be evidence that such houses are common gaminghouses. When any cards, dice, gamingtables, cloths, boards or other instruments of gaming are found in any house, walled enclosure, room or place entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such house, walled enclosure, room or place, is used as a common gaminghouse, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Magistrate or policeofficer, or any of his assistants.
7. Penalty on persons arrested for giving false names and addresses. If any person found in any common gaminghouse 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 or 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 nonpayment 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.
8. On conviction for keeping a gaminghouse, 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 been severally thereunto entitled.
9. Proof of playing for stake unnecessary. It shall not be necessary, in order to convict any person of keeping a common gaminghouse, or of being concerned in the management of any common gaminghouse, to prove that any person found playing at any game was playing for any money, wager or stake.
10. 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 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.
Any such person so required to be examined as a witness, who refuses to make oath or take affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt within all respects as any person committing the offence described in section 178 or section 179 (as the case may be) of the Pakistan Penal Code (XLV of 1860).
11. Witnesses indemnified. Any person who shall have been Concerned in gaming contrary to this Act, and who shall be examined as a 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 free from all prosecutions under this Act for any thing done before that time in respect of such gaming.
12. 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.
13. Gaming and setting birds and animals to fight in public streets. A policeofficer may apprehend without warrant any person found playing for money or other valuable thing with cards, dice, counters or other instruments of gaming, used in playing any game not being a game of mere skill in any public street, place or thoroughfare situated within the limits aforesaid, or
any person setting any birds or animals to fight in any public street, place or thoroughfare situated within the limits aforesaid, or
any person there present aiding and abetting such public fighting of birds and animals.
Such person when apprehended shall be brought without delay before a Magistrate, and shall be liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous for any term not exceeding one calendar month;
1See now the Code of Criminal Procedure, 1898 (5 of 1898).
Destruction of instruments of gaming found in public streets. and such policeofficer may seize all instruments of gaming found in such public place or on the person of those whom he shall so arrest, and the Magistrate may on the conviction of the offender order such instruments to be forthwith destroyed.
14. Offences, by whom triable. Offences punishable under this Act shall be triable by any Magistrate having jurisdiction in the place where the offence is committed.
But such Magistrate shall be restrained within the limits of his jurisdiction under the lCode of Criminal Procedure, as to the amount of fine or imprisonment he may inflict.
15. Penalty for subsequent offence. Whoever, having been convicted of an offence punishable under section 3 or section 4 of this Act, shall again be guilty of any offence punishable under either of such sections, shall be subject for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description:
Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to imprisonment for a term exceeding one year.
16. Portion of fine may be paid to informer. The Magistrate trying the case may direct any portion of any fine which shall be levied under section 3 and 4 of this Act, or any part of the moneys or proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer.
17. Recovery and application of fines. All fines imposed under this Act may be recovered in the manner prescribed by section 61 of the lCode of Criminal Procedure 2* * *.
18. 3[Offences under this Act to be “offences” within the meaning of Penal Code.] Rep. by the Repealing Act, 1874 (XVI of 1874), s. 1 and Sch., Pt. I.
1See now the Code of Criminal Procedure, 1898 (5 of 1898). 2The words “and such fines shall (subject to the provisions contained in the last preceding section) be applied as the LieutenantGovernor or Chief Commissioner, as the case may be, shall from time to time direct” rep. by A. O., 1937. 3A new s. 18, exempting games of mere skill from the operation of the Act, has been added in the Punjab by the Punjab Act 1 of 1929.
