Such game of mere skill, wherever played, shall not be deemed to be gaming.

Power to apprehend in public places A police-officer may apprehend without warrant any person found gaming in any public market, fair, thoroughfare or street situated within the limits to which this Act shall come into force. Such person, when apprehended, shall be brought by the police officer aforesaid without delay before a Magistrate, and shall be liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous, for any term not exceeding one month. Such police officer may seize all kinds of instruments of gaming found on search of the person of those whom he shall arrest in such public place, and the Magistrate may, on conviction of the person apprehended, order such instruments to be forthwith destroyed.