The Chhattisgarh Gambling (Prohibition) Act, 2022

Short title, extent and commencement.-

1. (1) This Act may be called the Chhattisgarh Gambling (Prohibition) Act, 2022.
2. (2) It extends to the whole of the State of Chhattisgarh.
3. (3) It shall come into force from the date of its publication in the Official Gazette.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) "Common gaming house" means any house, room, tent, enclosure, vehicle, vessel, or any place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, vehicle, vessel or place, whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel or place or instrument or otherwise, or for the purpose of facilitating, enabling or assisting persons to game therein;
2. (b) "Computer resource" shall have the same meaning as assigned to it in clause
3. (k) of sub-section

1. (1) of Section 2 of the Information Technology Act, 2000 (No. 21 of 2000);
   • (c) "Electronic form" shall have the same meaning as assigned to it in clause
   • (r) of sub-section
2. (1) of Section 2 of the Information Technology Act, 2000 (No. 21 of 2000);
   • (d) "Gaming" means any act of risking money, or otherwise betting or wagering, whether by skill or chance or both, for any stake or promise of money or money's worth, and includes playing any game, or placing or betting on any game, or in respect of any event, whether online or offline, and excludes any game of mere skill;
   • (e) "Game of mere skill" means any game where the success depends primarily on the superior knowledge, training, attention, experience and adroitness of the player: Provided that any game where the element of chance predominates the element of skill shall not be considered a game of mere skill;
   • (f) "Instrument of gaming" includes any article, electronic device, mobile phone, computer or computer resource, software, application, or communication device, which is used or intended to be used as a subject or means of gaming, and includes any document or register used or intended to be used as a record or evidence of gaming;
   • (g) "Online gaming" means any game played via electronic medium, including the internet or a computer network, for money or money's worth, or for any stake or promise of money or money's worth;
   • (h) "Place" includes any house, room, tent, enclosure, vehicle, vessel or any other location, whether movable or immovable, or any cyber space, electronic platform, mobile application or website;
     • (i) "State Government" means the Government of the State of Chhattisgarh.

Prohibition of gambling

1. (1) Save as otherwise provided in this Act, whoever,—
   • (a) being the owner or occupier or having the use of any house, room, tent, enclosure, vehicle, vessel or place, knowingly permits the same to be used for the purpose of gambling by any other person;
   • (b) opens, keeps or uses any house, room, tent, enclosure, vehicle, vessel or place for the purpose of gambling;
   • (c) attracts, invites, canvasses or promotes, or attempts to attract, invite, canvass or promote any person for the purpose of gambling;
   • (d) is found playing gambling; or
   • (e) is found in possession of any instrument of gambling; shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees or with both:

Penalty for gambling in public place Penalty for gambling in public place

1. (1) Whoever is found playing gambling in any public place, street or thoroughfare, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.
2. (2) Notwithstanding anything contained in sub-section (1), for the second or subsequent offence, the punishment shall be imprisonment for a term which may extend to six months and with fine which may extend to three thousand rupees.

Penalty for owning or keeping gambling house:

1. (1) Whoever, being the owner or occupier or having the use of any house, room, tent, enclosure, vehicle, vessel or place, keeps or keeps or uses or knowingly or willfully permits the same to be occupied, kept or used by any other person as a gambling house or for the purpose of gambling, shall, on conviction, be punishable with imprisonment for a term 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. (2) Whoever is found in any gambling house, provided for in sub-section (1), for the purpose of gambling, shall, on conviction, be punishable with imprisonment for a term which may extend to one year and shall also be liable to fine which may extend to fifty thousand rupees.

Penalty for assisting in the business of gambling house: Whoever advances or furnishes money for the purpose of gambling with persons frequenting any gambling house, shall, on conviction, be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which shall not be less than fifty thousand rupees and may extend to five lakh rupees.

1. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall engage in online gambling.
2. (2) Whoever, in contravention of sub-section (1), engages in online gambling either by himself or through another person on his behalf, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to fifty thousand rupees, or with both.
3. (3) The electronic device, software, application or communication device used for the purpose of online gambling shall be liable to be confiscated by the Court.

Whoever, having been convicted of an offence punishable under this Act, is again guilty of an offence punishable under the same provision, shall be punishable for each such subsequent conviction with imprisonment of either description for a term which may extend to double the term provided for the first conviction, and shall also be liable to a fine which may extend to double the amount of fine provided for the first conviction.

Power of police officer to enter and search:

1. (1) If a Police Officer not below the rank of a Sub-Inspector has reason to suspect that any house, room, tent, enclosure, vessel, vehicle, or place is used as a common gaming house, he may either himself enter, or by his warrant authorize any officer of police to enter, with such assistance as may be found necessary, by night or by day, and by force if necessary, any such house, room, tent, enclosure, vessel, vehicle, or place, and may take into custody all persons whom he finds therein, whether or not then actually gaming.
2. (2) He may seize or authorize to be seized all instruments of gaming, and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein.
3. (3) He may search or authorize to be searched all parts of the house, room, tent, enclosure, vessel, vehicle, or place which he shall have so entered, when he shall have reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he shall have so taken into custody, and may seize and take possession of all such instruments of gaming found upon such search.

Recovery of fine:

1. (1) All fines imposed under this Act may be recovered in the manner provided by the Code of Criminal Procedure, 1973 (No. 2 of 1974) and the recovery thereof may be ordered out of the money, securities or other articles seized under this Act. (2) Provided that in default of payment of fine, the person shall be punishable with imprisonment as provided under the Code of Criminal Procedure, 1973.

Presumption in prosecution for gambling

1. (1) When any instrument of gambling has been found in any house, enclosure, room, place, vehicle, vessel or tent entered or searched under any of the provisions of this Act, or about the person of any of those who are found therein or thereon, it shall be presumed, until the contrary is proved, that such house, enclosure, room, place, vehicle, vessel or tent is used as a gambling house and the persons found therein or thereon were then present for the purpose of gambling.
2. (2) It shall be presumed, until the contrary is proved, that any person, who is found in any house, enclosure, room, place, vehicle, vessel or tent entered or searched under any of the provisions of this Act, has committed the offence of gambling.

Offence by company

1. (1) 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, 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 any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), 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, such director, manager, secretary or other officer 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,—
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Compounding of offences.

1. (1) Any offence punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application by the accused person, either before or after the institution of any prosecution, be compounded by such officer or authority and for such amount as may be prescribed.
2. (2) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be discharged.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the officer or authority by whom and the amount for which an offence may be compounded under sub-section
3. (1) of Section 13;
   • (b) any other matter which is required to be, or may be, prescribed.
4. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

-1 15. Repeal and saving:

1. (1) The Chhattisgarh Gambling Act, 1957 (No. 30 of 1957) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.