The Bihar Gambling (Prohibition) Act, 2026

Short title, extent and commencement.—

1. (1) This Act may be called the Bihar Gambling (Prohibition) Act, 2026.
2. (2) It extends to the whole of the State of Bihar.
3. (3) It shall come into force on the date of its publication in the Official Gazette.

Definitions.—

1. (1) In this Act, unless the context otherwise requires:-
   • (a) “Act” means the Bihar Gambling (Prohibition) Act, 2026;
   • (b) “Betting or wagering” means the staking of money, virtual currency, digital value or anything of value, whether or not equivalent to or convertible into a recognized or legal currency, upon the outcome of any uncertain event;
   • (c) “Company” means a body corporate and includes a firm or other association of individuals, whether incorporated or not, duly constituted and registered under the Companies Act, 1956 or the Companies Act, 2013, as amended from time to time, or under any other law for the time being in force;
   • (d) “Gambling” includes—
     • (i) wagering or betting, whether conducted physically or through online, electronic, digital or virtual means, for the purpose of financial gain or reward;
     • (ii) any transaction by which a person, in any capacity whatsoever, wagers or bets, or employs, appoints or authorizes another person, in any capacity whatsoever, to wager or bet with any other person;
     • (iii) the collection, solicitation, receipt or distribution of bets, stakes, winnings or prizes, in money or otherwise, in respect of wagering or betting; and
     • (iv) any act or omission which is intended to aid, abet, facilitate or promote wagering or betting or the collection, solicitation, receipt or distribution thereof. Explanation: It is immaterial whether the wagering or betting is conducted directly or indirectly and whether the consideration is monetary or otherwise.
   • (e) “Instrument of gambling” includes—
     • (i) cards, dice, counters, gaming tables, boards, cloths or any article used or intended to be used, whether physically or in any virtual, electronic or intangible mode, as a subject or means of gambling;
     • (ii) any document, register, ledger, slip, token, electronic record or digital record used or intended to be used as a record, register or evidence of gambling;
     • (iii) the proceeds of gambling, including cash, online or electronic transfer of funds or transactions, winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of gambling.
   • (f) “Common gambling house” means any public or commercial place or online platform—
     • (I) in which gambling takes place; or
     • (II) in which instruments of gambling are kept or used, for the profit or gain of the person owning, occupying, using, keeping or managing such place. Explanation: For the purposes of this clause, gambling includes wagering or betting—
     • (i) on the trade value of any article, or on the variation in such trade value, or on the digits or numbers used in stating such variation; or
     • (ii) on the market price of any stock or shares, or on the digits or numbers used in stating such price; or
     • (iii) on the occurrence or non-occurrence of rainfall or other natural events; or
     • (iv) on any digit, figure, sign, symbol or picture used in stating or declaring the opening, middle or closing digits, figures, signs, symbols or pictures in connection with worli, matka, satta or similar forms of gambling; or
     • (v) on any digit, figure, sign, symbol or picture used for wagering or betting in connection with any gaming or any other form of gambling.
   • (g) “Online gambling” means involvement in, participation in, organisation of, facilitation of, or abetment of gambling through computers, computer applications, computer networks, computer systems, mobile applications, internet platforms, communication devices, electronic applications, software or any virtual or digital platform by any method involving selection, generation or acceptance of any digits, figures, signs, symbols or pictures;
   • (h) “Game of chance” means a game in which the outcome is not predominantly determined by the knowledge, training, expertise or experience of the participant but is predominantly determined by chance or luck; Explanation: Without prejudice to the generality of the foregoing, all games specified in Schedule ‘A’ shall be deemed to be games of chance.
     • (i) “Prescribed” means prescribed by rules made under this Act;
   • (j) “Schedule” means a Schedule appended to this Act.
2. (2) The words and expressions computer, communication device, computer network, computer resources, computer system, cybercafé and electronic record used in this Act shall have the meanings respectively assigned to them in the Information Technology Act, 2000, as amended from time to time.
3. (3) Words and expressions used in this Act but not defined in this section and defined in any other law for the time being in force shall have the meanings respectively assigned to them in such law.

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.

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.

[See section 2(I)(h) ] All the games listed below:- 1. (i) Baccarat (ii) Big Six Wheel/wheel of fortune (iii) Chemin-de-fer (iv) Craps (v) Flush/Brag/Three Card Game (vi) Keno (vii) Pontoon 21 (viii) Roulette (ix) Slots (x) Super Pen 9, and 2. Any other game of chance as determined by the State Government from time to time.