Public Gambling Act,1867
Act No : 3
Section : INTERPRETATION CLAUSE
PUBLIC GAMBLING ACT, 1867
3 of 1867
25th January, 1867
STATEMENT OF OBJECTS AND REASONS "The primary object of this bill, which has been prepared at the desire of the Lieutenant Governor of North- Western Provinces and of the Chief Commissioner of British Burma is to repress public gambling in large towns situate in the territories respectively under their governments, without, at the same time giving rise to oppression and other malpractices on the part of the police. In those territories, as the law stands, persons cannot be prosecuted for gambling or keeping gaming-houses and can only be punished under the Indian Penal Code. Section 290, if it can be shown that their acts cause "common injury, danger and annoyance to the public". This of course is a matter of such difficulty that such persons practically enjoy an immunity from punishment. The present Bill is founded on sections 56-66 of the Towns Police Act, No. 13 of 1856, which corresponds with sections 10-15 of Act No. XXI of 1857. (The Calcutta and Howrah Police and Conservancy Act (now entitled "The Howrah Offences Act, 1857"]). These sections 10-15, have, in the form of rules, been for some years, in force in Oudh the Central Provinces and the Punjab, and they have been found to work satisfactorily. It is obviously desirable to convert these rules into express legislative enactment, and this Bill, if it becomes law, will effect that object. A similar Act has recently been passed by the Governor of Bombay in Council. Under the present Bill, house will only be searched by an Officer of Police not below the rank of Inspector, and under the authority of a warrant from a Magistrate with full powers."-Gaz. of India,
1866, p. 978.
An Act to provide for the punishment of public gambling and the keeping of common gaming- house in the 2United Provinces, East Punjab, Delhi]3[and the Central Provinces]. Preamble WHEREAS it is expedient to make provision for the punishment of public gambling and the keeping of common gaming-houses [in the United Provinces, East Punjab, Delhi and the Central Provinces];
It is hereby enacted as follows:-
STATE AMENDMENT Himachal Pradesh: In the Preamble, after the words 'Central Provinces' insert the words 'and Himachal Pradesh'. H. P. A.L.O., 1948, C1.3and
Sch., Item 2 (25-12-1948).
SECTION 01: INTERPRETATION CLAUSE
In this Act -
5[* * * *] "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 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 :
6[* * *]
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; 'Common gaming house' means any house or room or tent or enclosure or vehicle or vessel or any place what so ever in which any instruments of gaming are kept or used for gaming purposes ::-
(a) with a view to the profit or gain of any person owning, occupying, or keeping such house, room, tent, enclosure, vehicle, vessel or place whether by way of charge for the use of such house, room, tent, enclosure, vehicle, _ vessel, place or instrument or otherwise howsoever,
(b) wither without a view to such profit or gain if the gaming for the purpose of which such instruments are so kept or used in gaming on any figures or numbers or dates to be subsequently' ascertained or disclosed, or on the occurrence or non-occurrence of any natural event." - Him. Pra. Act 30 of 1976, S. 2.
"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." - U. P. Act 21 of 1961, S. 2 (7-9-1961).
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