Opening, etc., of certain forms of gaming

78. Opening, etc., of certain forms of gaming. (1) Whoever,— (a) being the owner or occupier or having the use of any building, room, tent, enclosure, vehicle, vessel or place, or at cyber café or online gaming involving wagering or betting including computer resource or mobile application or internet or any communication device as defined in the Information Technology Act, 2000 (Central Act 21 of 2000) opens, keeps or uses the same for the purpose of gaming,— (i) on a horse-race, or (ii) on the market price of cotton, bullion or other commodity or on the digits of the number used in stating such price, or (iii) on the amount or variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or (iv) on the market price of any stock or share or on the digits of the number used in stating such price, or (v) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place, or (vi) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes in money or otherwise is made to depend on chance or skill of other; (vii) on any act on risking money or otherwise on the unknown result of an event including on a game of skill. (b) being the owner or occupier of any such building, room, tent, enclosure, vehicle, vessel or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose of gaming on any of the objects aforesaid, or (c) has the care or management of, or in any manner assists in, conducting the business of, any such building, room, tent, enclosure, vehicle, vessel or place opened, occupied, kept or used for the purpose of gaming on any of the objects aforesaid, or (d) advances or furnishes money for the purpose of gaming on any of the objects aforesaid with persons frequenting any such building, room, tent, enclosure, vehicle, vessel or place, shall, on conviction, be punished with imprisonment which may extend to three years, or with fine which may extend to one lakh rupees, or with both: Provided that in the absence of special reasons to be recorded in writing, the punishment to be imposed on an offender on conviction for an offence under this sub-section shall be imprisonment for not less than six months or fine of not less than ten thousand rupees or both. (2) Whoever is found in any building, room, tent, enclosure, vehicle, vessel or place referred to in sub-section (1), gaming on any of the objects specified in that sub-section, or present, or aids or abets for the purpose of gaming on any such object shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both. Any person found in any such building, room, tent, enclosure, vehicle, vessel or place during any gaming therein on any of the objects specified in sub-section (1) shall be presumed, until the contrary is proved, to have been there for the purpose of gaming on such object. (3) Whoever is found gaming on any of the objects specified in sub-section (1) in any public street or thoroughfare or in any place to which the public have or are permitted to have access shall, on conviction be punished with imprisonment which may extend to one year or with fine which may extend to twenty thousand rupees, or with both.