Chapter III MISCELLANEOUS

Powers of entry, search, seizure and freezing of accounts.—Any police officer not below the rank of Sub-Inspector of Police may-

1. (i) enter any public or commercial place or online platform, used as a common gambling house, at any time, with such force and with such assistance as may be necessary; arrest all persons found therein;
2. (ii) search all such persons and all parts of such public or commercial place or online platform;
3. (iii) seize—

1. (a) all money found with such persons;
2. (b) all instruments of gambling; and
3. (c) all moneys, securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gambling which are found in such place; and
4. (d) freeze such bank accounts, wallet accounts or other financial or digital accounts as are found to have been used for the purpose of gambling or online gambling.

Presumption as to instruments of gambling.—Any register, record, electronic record, script, laptop, mobile phone, computer or any other electronic or digital device whatsoever which contains digits, figures, signs, symbols or pictures, or any combination of two or more thereof, relating to worli, matka, gambling or any other form of gambling, shall be presumed to be an instrument of gambling. Explanation: Where, in any mobile phone, computer or other electronic device, any gambling or betting application is found to have been downloaded or used, it shall be presumed, unless the contrary is proved, that such application was downloaded or used for the purpose of gambling or betting: Provided that such presumption may be rebutted if the person from whom such device is seized proves that the register, record, electronic record or script relates exclusively to a lawful trade, industry, business, profession or vocation and is not an instrument of gambling.

Destruction and forfeiture of instruments and proceeds of gambling.—On conviction of any person for keeping or using a common gambling house or for being present therein for the purpose of gambling, the convicting Magistrate may order all instruments of gambling found therein to be destroyed; and order all or any of the securities for money and other articles seized, not being instruments of gambling, to be sold and converted into money, and direct that the proceeds thereof together with all moneys seized be forfeited to the Government:

Cognizability, bailability and jurisdiction Cognizability, bailability and jurisdiction.—Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023—

1. (i) offences under sections 3, 5, 7 and 8 of this Act shall be cognizable and bailable, and offences under sections 4, 6, 9, 10 and 12 shall be cognizable and non-bailable;
2. (ii) no court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act.

Act to be in addition to and to have overriding effect.—The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force, and in case of any inconsistency between the provisions of this Act and any other State law, the provisions of this Act shall, to the extent of such inconsistency, have overriding effect.

Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against any public servant in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers under this Act or rules, regulations or orders made thereunder.

Power to make rules.-

1. (i) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act, and such rules shall come into force on the date of their publication in the Official Gazette or on such later date as may be specified therein.
2. (ii) Every rule made under this Act shall, as soon as may be after it is made, be laid before the Legislature.

Power to remove difficulties.-

1. (i) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (ii) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislature.

Repeal and savings.-

1. (i) The Public Gambling Act, 1867 (Bengal Act 2 of 1867), in its application to the State of Bihar, is hereby repealed.
2. (ii) Notwithstanding such repeal—

1. (a) the previous operation of the enactment so repealed or anything duly done or suffered thereunder shall not be affected;
2. (b) any action taken, notification issued, order made, rule framed, proceeding commenced, or anything done or purported to have been done under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been taken, issued, made or done under the corresponding provisions of this Act.