Penalty for opening, etc., a common gaming house

(1) Any person who opens, keeps, operates, uses or permits to be used any common gaming house or online gaming or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable - (i) For the first offence, with imprisonment for a term which may extend to one (1) year and with fine which may extend to Rs. 5,000/- (Rupees Five Thousand only); but in the absence of special reasons to be recorded in writing, the punishment awarded under this clause shall be imprisonment for not less than three (3) months and fine of not less than Rs. 3,000/- (Rupees Three Thousand only); (ii) For every subsequent offence, with imprisonment for a term which may extend to two (2) years and with fine which may extend to Rs. 10,000/- (Rupees Ten Thousand only), but in absence of special reasons to be recorded in writing the punishment awarded under this clause shall be - (a) For a second offence, imprisonment for not less than six (6) months and fine of not less than Rs. 5,000/- (Rupees Five Thousand only); (b) For a third or subsequent offence, imprisonment for not less than one (1) year and fine of not less than Rs. 10,000/- (Rupees Ten Thousand only). Explanation: - For the purpose of this section, the expression "person" includes the owner, or as the case may be, the occupier of the place used as a common gaming house and where such place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place. (2) It shall not be necessary, in order to convict any person for opening, keeping or using or permitting the use of common gaming house or of being concerned with the care or management of a common gaming house, to prove that any person found therein was gaming for money, wager, bet or stake.