Penalty for being found in gaming house

(1) Whoever, is found in any such house, room, tent, enclosure, space, vehicle, vessel or place, playing or gaming with cards, dice counters, money or other instruments of gaming, or is found there present for the purposes of gaming, whether playing for any money, wager, stake or otherwise, shall be liable to imprisonment for a term which may extend to three months and shall also be liable to fine which may extend to five thousand rupees or with both. (2) Whoever is found in any common gaming house during any gaming or playing therein shall be presumed, until the contrary is proved, to have been there for the purpose of gaming. Provided that, offence under this section shall be a cognizable offence under section 3 of this Act and no court shall take cognizance of such offence under section 190(1) (b) of the Code of Criminal Procedure, except on the report of a Police Officer.