Chapter II OFFENCES AND PUNISHMENTS

Gambling in public places.-

1. (i) Any police officer may arrest without warrant and search any person found gambling; or aiding or abetting gambling, in any public street, thoroughfare or any place to which the public have access or are permitted to have access.
2. (ii) Every person arrested under sub-section (i) shall be produced before the Judicial Magistrate having jurisdiction over the place of arrest and shall, on conviction after trial, be punishable with imprisonment for a term which may extend to six months; or fine which shall not be less than three thousand rupees but which may extend to ten thousand rupees; or with both.

Keeping, managing or financing a common gambling house.- Whoever —

1. (i) being the owner, occupier or having the use of any public or commercial place or online platform, situated within the limits to which this Act applies, opens, keeps or uses the same as a common gambling house; or
2. (ii) being the owner or occupier of any public or commercial place or online platform as aforesaid, knowingly or willfully permits the same to be opened, occupied, used or kept by any other person as a common gambling house; or
3. (iii) maintains, manages, conducts or in any manner assists in carrying on the business of any public or commercial place or online platform opened, occupied, used or kept for the purpose of gambling; or
4. (iv) advances, furnishes or provides money or any financial assistance for the purposes of gambling or for enabling persons to resort to any public or commercial place or online platform for gambling, shall be punishable—

1. (a) for the first offence, with imprisonment for a term which shall not be less than six months but which may extend to three years, and shall also be liable to fine which may extend to fifty thousand rupees;
2. (b) for subsequent offences, with imprisonment for a term which shall not be less than two years but which may extend to five years, and shall also be liable to fine which may extend to one lakh rupees.

Persons found gambling in a common gambling house.—Whoever is found in any public or commercial place or online platform—

1. (i) playing with cards, dice, counters, money, online gambling platforms or other instruments of gambling; or
2. (ii) present therein for the purpose of gambling, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Online gambling.—Whoever indulges in online gambling; or causes any person to indulge in online gambling, shall be punishable—

1. (i) for the first offence, with imprisonment for a term which shall not be less than one year but which may extend to three years, and shall also be liable to fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees;
2. (ii) for subsequent offences, with imprisonment for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.

Use of bank accounts, wallets or digital instruments for gambling.— Whoever voluntarily makes available his bank account, mobile application, wallet account or any other financial or digital account, by whatever name called, for the purpose of gambling or online gambling and derives any benefit or profit therefrom, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Refusal to disclose identity.—If any person found in any common gambling house entered by a police officer under the provisions of this Act, upon being arrested by such officer or upon being brought before a Magistrate, and when required by such police officer or Magistrate to state his name and address—

1. (i) refuses to give the same; or
2. (ii) gives a false name or address, he shall, on conviction after trial, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Offences by companies.—

1. (i) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (ii) Notwithstanding anything contained in sub-section (i), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, including any key managerial personnel as defined in the Companies Act, 2013, such director, manager, secretary or other officer, including key managerial personnel, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section-

1. (a) “company” means any body corporate and includes a firm or other association of individuals; and
2. (b) “director”, in relation to a firm, means a partner in the firm.

Printing, publication and dissemination of gambling information.—Whoever prints or publishes in any manner whatsoever; or circulates, disseminates or attempts to disseminate; or abets the dissemination of, any digits, figures, signs, symbols or pictures, or any combination of two or more thereof, relating to worli, matka or any other form of gambling, under any heading whatsoever or by adopting any device or method, for the purpose of betting or facilitating betting, shall be punishable—

1. (i) for the first offence, with imprisonment for a term which shall not be less than six months but which may extend to three years, and shall also be liable to fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees;
2. (ii) for subsequent offences, with imprisonment for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.

Prohibition of advertisement of gambling.—The advertisement of all such gambling games, through electronic media, print media, digital platforms or any other means of communication, wherein chance predominates over skill, is hereby prohibited.

Penalty for advertisement.—Whoever contravenes the provisions of section 10 shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine which may extend to fifty thousand rupees.