Chapter I PRELIMINARY

1. Short title, extent and commencement. (1) This Act may be called the Karnataka Police Act, 1963. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions. In this Act, unless the context otherwise requires,— (1) “cattle” means cows, bullocks, bulls, calves, buffaloes, elephants, camels, horses, mares, geldings, ponies, colts, fillies, asses, mules, pigs, rams, ewes, sheep, lambs, goats and kids; (2) “City of Bangalore” means the area within the limits of the City of Bangalore as defined for the time being in the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949) and includes such other areas adjacent to such limits as the Government may from time to time by notification in the Official Gazette specify; (3) “common gaming-house” means a building, room, tent, enclosure, vehicle, vessel or place in which any instruments of gaming are kept or used for the profit or gain or otherwise of the person owning, occupying, or keeping such building, room, tent, enclosure, vehicle, vessel or place, or of the person using such building, room, tent, enclosure, vehicle, vessel or place, whether he has a right to use the same or not, such profit or gain or otherwise being either by way of a charge for the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place, or otherwise howsoever or as subscription or other payment for the use of facilities along with the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place for purposes of gaming; Explanation.—In this clause “person” includes a company, association, club or other body of persons whether incorporated or not. (4) the expression “competent authority” when used with reference to the exercise or performance of any power, duty or function under the provisions of this Act, means,— (a) in relation to the City of Bangalore and other areas for which a Commissioner of Police is appointed under section 7, the Commissioner; (b) in relation to the areas other than those referred to in clause (a), the District Magistrate or the Superintendent or the Additional Superintendent, or, the Assistant or Deputy Superintendent when specially empowered in that behalf by the Government; (5) ‘district’ means any area which the Government may by notification specify to be a district for the purpose of this Act and where no such-area has been so specified, a territorial division constituting the district for the purposes of the Code of Criminal Procedure 1973, but does not include the City of Bangalore or any area specified under sub-section (1) of section 7; (6) [Omitted]; (7) gaming means and includes online games, involving all forms of wagering or betting, including in the form of tokens valued in terms of money paid before or after issue of In the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) (hereinafter referred to as the principal Act), in section 20B,- (i) for sub-section (1), the following shall be substituted, namely:- " (1) The State Government shall, by notification in the official Gazette, establish a Police Establishment Board with the Director General and Inspector General of Police as Chairman and three senior police officers not below the rank of Additional Director General of Police as members to be nominated by the Government. Additional Director General of Police (Administration) shall be the Member Secretary"; (ii) in sub-section (2), clause (c) shall be omitted; (iii) for sub-section (4), the following shall be substituted, namely:- "(4) The Government may modify the decision of the Police Establishment Board after recording its reasons for doing so." In section 2 of the Karnataka Police Act, 1963 (Karnataka Act 04 of 1964) (here in after referred to as the Principal Act) in clause (3),- (a) after the words “Profit or gain” occurring in two places the words “or otherwise” shall be inserted. (b) in clause (7), (i) for the words "gaming" does not include a lottery but includes all forms of wagering or betting in connection with any game of chance except wagering or betting on a horse-race run on any race course within or outside the State, when such wagering or betting takes place" the words "gaming means and includes online games, involving all forms of wagering or betting, including in the form of tokens valued in terms of money paid before or after issue of it, or electronic means and virtual currency, electronic transfer of funds in connection with any game of chance, but does not include a lottery or wagering or betting on horse-race run on any race course within or outside the State, when such wagering or betting takes place” shall be substituted. (ii) in the explanation in item (i) the following shall be inserted at the end, namely:- "any act or risking money, or otherwise on the unknown result of an event including on a game of skill and any action specified above carried out directly or indirectly by the players playing any game or by any third parties". (c) for clause (11) the following shall be substituted, namely:- "(11) 'Instruments of gaming' includes any article used or intended to be used as a subject or means of gaming, including computers, computer system, mobile app or internet or cyber space, virtual platform, computer network, computer resource, any communication device, electronic applications, software and accessory or means of online gaming, any document, register or record or evidence of any gaming in electronic or digital form, the proceeds of any online gaming as or any winning or prizes in money or otherwise distributed or intended to be distrubted inrespect of any gaming; Explanation: The words ‘computer’, ‘communication device’, ‘computer network’, ‘computer resource’, ‘computer system’, ‘cyber café’ and ‘electronic record’ used in this Act shall have the respective meaning assigned to them in the Information Technology Act, 2000 (Central Act 21 of 2000)". (d) after clause (12) the following shall be inserted, namely:- "(12A) “Online gaming” means and includes games as defined in clause (7) played online by means of instruments of gaming, computer, computer resource, computer net work, computer system or by mobile app or internet or any communication device, electronic application, software or on any virtual platform;" (e) In clause (13), the following shall be inserted at the end, namely:- "including a recreation club or on virtual platform, mobile app or internet or any communication device, electronic application, software, online gaming and computer resource as defined in Information Technology Act, 2000(Central Act 21 of 2000) or under this Act;"