Public Gambling Act, 1977

Short title, extent and commencement.

1. (1) This Act may be called the Public Gambling Act, 1977.
2. (2) It extends to the whole of Jammu and Kashmir into force on the 1st day of Baisakh, 1978.

A. Interpretation clause. In this Act- "Instrument of gaming" includes any article or appurtenance of or for the purpose of any thing of

Power to extend Act. [Power to extend], extend, by a notification in the Government Gazette, this Act, or any part thereof, to any city, town or suburb subject to such notification, and from time to time, after the limits of any such city, town or suburb, and from time to time, alter the limits of the city, town or suburb so notified and may, by such notification, define, for the purpose of this Act, the limits of such city, town or suburb. From the date of any such extension, so much of any statutory law which shall be in operation in any city, town or suburb to which such extension shall have been made, as shall be inconsistent with any section, so extended, shall cease to have effect.

Penalty for owning or keeping, or having charge of, a gaming-house. Whoever, being the owner or occupier, or having the use, of any house, walled enclosure, room, tent, space, vehicle, vessel or place, situate within the limits to which this Act applies, keeps or uses the same as a common gaming-house; and whoever, being the owner or occupier of any such house, walled enclosure, room, tent, space, vehicle, vessel or place as aforesaid, knowingly or wilfully permits the same to be used or kept by any other person as a common gaming-house; and whoever has the care or management of, or in any manner assists in conducting, the business of any house, walled enclosure, room, tent, space, vehicle, vessel or place as aforesaid, kept or used for the purpose aforesaid; and whoever advances or furnishes money for the purpose of gaming with persons frequenting such house, walled enclosure, room, tent, space, vehicle, vessel or place; shall be liable to a fine not exceeding [seven hundred] rupees, or to imprisonment of either description, as defined in the Ranbir Penal Code, for any term not exceeding three months.

Penalty for being found in a gaming-house. Whoever is found in any such house, walled enclosure, room, tent, space, vehicle, vessel or place, playing or gaming with cards, dice, instruments of gaming, or is found there present for the purpose of playing for any money, wager, bet or other valuable thing, shall be liable to a fine not exceeding [five hundred] rupees, or to imprisonment of either description, as defined in the Ranbir Penal Code, for any term not exceeding [three months.]

Power to enter and authorise police to enter and search Power to enter and authorise police to enter and search. Magistrate of a district or other officer invested with the full powers of a Magistrate may, if he has reason to believe that any house, walled enclosure, room, tent, space, vehicle, vessel or place is used as a common gaming-house, enter and search, or authorize a police officer to enter and search.

Finding cards, &c., in suspected houses, to be evidence that such houses are common gaming-houses.

Penalty on persons arrested for giving false names and addresses Penalty on persons arrested for giving false names and addresses. 7.

On conviction for keeping a gaming-house, instruments of gaming to be destroyed On conviction for keeping a gaming-house, instruments of gaming to be destroyed. 8.

Magistrate may require any person apprehended to be sworn and give evidence Magistrate may require any person apprehended to be sworn and give evidence. Magistrate may require any person apprehended to be sworn and give evidence. Any person so required to be examined as a witness, who refuses to make oath or take affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person committing the offence described in sections 178 and 179 of the Ranbir Penal Code.

Witnesses indemnified. Any person who shall have been concerned in gaming contrary to any of the provisions of this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act, and who upon such examination shall make true and faithful discovery to the best of his knowledge of all things as to which he is so examined, shall thereupon receive from the said Magistrate a certificate in writing to that effect, and shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.

Act not to apply to certain games.

Gaming and setting birds and animals to fight in public streets Gaming and setting birds and animals to fight in public streets. A police officer may apprehend without warrant any person found playing for money or other valuable thing with cards, dice, counters or other instruments of gaming used in playing any game, not being a game of mere skill, in any public street, place or thoroughfare situated within the limits aforesaid, or any person setting any birds or animals to fight in any public street, place or thoroughfare situated within the limits aforesaid, or any person there present aiding and abetting such public fighting of such birds and animals. Such person when apprehended shall be brought without delay before a [Judicial Magistrate] and shall be liable to a fine not exceeding [five hundred] rupees, or to imprisonment, either simple or rigorous, for any term not exceeding [six months].

Offences, by whom triable. 14.

Portion of fine may be paid to informer Portion of fine may be paid to informer

Recovery and application of fines.