Penalty for owning or keeping, or
having charge of, a gaming-house.
Penalty for being found in
Power to enter and authorised police
to enter and search.
Finding cards, etc., in suspected
houses, to be evidence that such houses are common gaming-houses.
Penalty on persons arrested for giving
false names and addresses.
On conviction for keeping a
gaming-house, instruments of gaming to be destroyed.
Proof of playing for stakes
Magistrate may require any person
apprehended to be sworn and give evidence.
Act not to apply to certain games.
Gaming and setting birds and animals
to fight in public streets. Destruction of instruments of gaming
found in public streets.
Offences, by whom triable.
Penalty for subsequent offence.
Portion of fine may be paid to
Recovery and application of fines.
The Public Gambling
ACT No. III OF 1867
[15th January, 1867]
AnAct to provide for the punishment of public gambling and the keeping
of common gaming-houses in the Punjab.
whereasit is expedient to make provision for the punishment of public gambling
and the keeping of common gaming-houses in the Punjab];
It is hereby enacted as follows:---
Common gaming house. 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 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.
2.Power to extend Act.
[Sections 13 and 17] of this Act shall extend to the whole of the Punjab]; and
it shall be competent to the Provincial Government] whenever [it] may think fit,
to extend, by a 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, railway-station house and place being not more than three miles
distant from any part of such station-house within the [Punjab], and in such
notification to define, for the purposes of this Act, the limits of such city,
town, suburb or station-house, and from time to time to alter the limits so
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 in such
3.Penalty for owning or
keeping, or having charge of a gaming house. 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 gaming-house; and
whoever, being the owner or occupier of any such
house, walled enclosure, room or place as aforesaid, knowingly or willfully
permits the same to be opened, occupied, used or kept by any other person as a
common gaming-house ; 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
whoever advances or furnishes money for the
purpose of gaming with persons frequenting Such house, walled enclosure, room
or place, shall be liable to a fine not exceeding two hundred rupees, or v
to imprisonment of either description, as defined in the Pakistan Penal Code,
for any term not exceeding three months.
4.Penalty for being found
in gaming house. 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,
a-s defined in the Pakistan Penal Code, for any term not exceeding one month,
and any person found in any common gaming-house
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 district or
other officer invested with the full powers of a Magistrate, 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 gaming-house, he may either himself enter,
or by his warrant authorise any officer of police, not below such rank as the
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 he 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 ; 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 Gaming Houses.
When any cards, dice, gaming-tables, 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 gaming-house, and that the persons found therein were there present
for the purpose of gaming, although no play was actually seen by the Magistrate
or police-officer, or any of his assistants.
7.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 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 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.
8.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 been severally
9.Proof of playing for
stake 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.
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.
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 freed 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 police-officer 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 ;
Destruction of instruments of gaming found in
public streets. and such police-officer 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 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 Code 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 sections 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 Code of Criminal Procedure.
18. [Offences under this Act to
be “offences” within the- meaning of Penal Code.] Rep. by the Repealing Act,
1874 (XVF I of 1874), s. 1 and Sch., Pt. I.
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