#THE PUBLIC GAMBLING ACT, 1867 
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##ARRANGEMENT OF SECTIONS 
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###CHAPTER I 

###PRELIMINARY 

PREAMBLE 

SECTIONS 

1. Interpretation-clause. 
“Common gaming-house”. 

2.  Power to extend Act.

3.  Penalty for owning or keeping, or having charge of, a gaming-house. 

4.  Penalty for being found in gaming-house. 

5.  Power to enter and authorise police to enter and search.  

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

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

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

9.  Proof of playing for stakes unnecessary.  

10.  Magistrate may require any person apprehended to be sworn and give evidence. 

11.  Witnesses indemnified. 

12.  Act not to apply to certain games. 

13.  Gaming and setting birds and animals to fight in public streets. 
Destruction of instruments of gaming found in public streets. 

14.  Offences, by whom triable. 

15.  Penalty for subsequent offence.  

16.  Portion of fine may be paid to informer. 

17.  Recovery and application of fines. 

18.  [Repealed.]. 



#THE PUBLIC GAMBLING ACT, 1867  

##ACT NO. 3 OF 1867

[25th January, 1867.] 

An Act to provide for the punishment of public gambling and the keeping of common gaming-
houses in the United Provinces, East Punjab, Delhi and the Central Provinces.

**Preamble.**—WHEREAS it is expedient to make provision for the punishment of public gambling and 
the  keeping  of  common  gaining-houses in the United Provinces, East Punjab, Delhi and the Central 
Provinces;

It is hereby enacted as follows: — 

1. **Interpretation-clause.**—In this Act—

“Common  gaming-house”.—“Common  gaming-house”  means  any  house,  walled  enclosure, 
room or place in which cards, dice, tables or other instruments of gaming are kept or used for the 
profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or 
place,  whether  by  way  of  charge  for  the  use  of  the  instruments  of  gaming,  or  of  the  house, 
enclosure, room or place, or otherwise howsoever.

2. **Power to extend Act.**— Sections 13 and 17 of this Act shall extend to the whole of the 
said States and  it  shall  be  competent  to  the  State  Government  whenever  it  may  think  fit,  to 
extend, by a notification to be published in three successive numbers of the Official Gazette, all 
or any of the remaining sections of this Act to any city, town, s uburb, railway-station, house and 
place  being  not  more  than  three  miles  distant  from  any  part  of  such  station -house  within  the 
States, and in such notification to define, for the purposes of this Act, the limits of such city, 
town, suburb or station-house, and from time to time to alter the limits so defined.

From the date of any such extension, so much of any rule having the force of law which shall 
be  in  operation  in  the  territories  to  which  such  extension  shall  have  been  made,  as  shall  be 



[^2].  The  Act  was  declared  to  be  in  force  in  the  tract  of  land  lying  between  the  railway  station  at  Satna  and  the  eastern 
boundary  of  the  Jabbulpore  District  in  the  Central  Provinces  (now  Madhya  Pradesh)  by  the  Scheduled  Districts  Act , 
1874 (14 of 1874), s. 10 and in Panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2.  

It has been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874), to be in force in — 

Coorg................................................................................................... ..............See Gazette of India, 1878, Pt. 1, p. 373. 
The Tarai Parganas.................................................................................................. ..................Ditto 1876, Pt. I, p. 505. 

The Act has been amended in Madhya Pradesh by C. P. Acts 3 of 1927, 25 of 1950, by Madhya Pradesh Act 23 of 1958 
(when notified)  and 47 of 1976, in  Himachal Pradesh by  Himachal Pradesh  Act 30 of 1976.  in the Punjab by Punjab 
Acts 1 of 1929 and 9 of 1960 and in U.P. by U. P. Acts 1 of 1917, 5 of 1919, 1 of 1925, 10 of 1938 and 34 of 1952. 
The Act as extended to Ajmer-Merwara was rep. by Ajmer Act 6 of 1953. 
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when not and to Goa, 
Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965).

 
 
 
 
 
 
 
 
 
 
 
                                                      
 
inconsistent  with  or  repugnant  to  any  section  so  extended,  shall  cease  to  have  effect  in  such 
territories. 

3. **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 or place situated within the 
limits to which this Act applies, opens, keeps or uses the same as a common gaming-house; and 

whoever, being the owner or occupier of any such house, walled enclosure, room or place 
as aforesaid,  knowingly or wilfully permits the s ame to  be  opened,  occupied, 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  or  place  as  aforesaid,  opened,  occupied,  used  or  kept  for  the  purpose 
aforesaid; and 

whoever  advances  or  furnishes  money  for  the  purpose  of  gaining  with  persons  frequenting  such 
house, walled enclosure, room or place;

shall  be  liable  to  a  fine  not  exceeding  two-hundred  rupees,  or  to  imprisonment  of  either 
description, as  defined  in  the  Indian  Penal  Code  (45  of  1860),  for  any  term  not  exceeding  three 
months.[^2]

4. **Penalty for being found  in gaming-house.**—Whoever  is found in any such house, walled 
enclosure,  room  or  place,  playing  or  gaming  with  cards,  dice,  counters,  money  or  other 
instruments  of  gaming,  or  is  found  there  present  for  the  purpose  of  gaming,  whether  playing  for 
any money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees, 
or  to  imprisonment  of  either  description, as  defined  in  the  Indian  Penal  Code  (45  of  1860),  for 
any term not exceeding one month[^2],

and  any person found in any common gaming-house during any gaming or playing therein shall be 
presumed, until the contrary be proved, to have been there for the purpose of gaming. 

5. **Powers to enter and authorise police to enter and search.** —If the Magistrate of a 
district  or  other  officer  invested  with  the  full  powers  of  a  Magistrate,  or  the  District 
Superintendent  of  Police,  upon  credible  information,  and  after  such  enquiry  as  he  may  think 
necessary,  has  reason  to  believe  that  any  house,  walled  enclosure,  room  or  place,  is  used  as  a 
common gaming-house,

he  may either himself enter, or by  his  warrant authorise any officer of police, not  belo w  such 
rank  as the  State Government shall appoint in this  behalf to enter  with such assistance as  may be 
found necessary, by night or by day, and by force if necessary, any such house, walled enclosure, 
room or place;

and may either himself take into custody, or authorise such officer to take into custody, all persons 
whom he or such officer finds therein, whether or not then actually gaming; 

and  may  seize  or  authorise  such  officer  to  seize  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; 

and  may  search or authorise  such  officer  to  search  all  parts  of the house, walled enclosure, 
room or place which lie or such officer shall have so entered when he or such officer has reason 
to  believe  that  any  instruments  of  gaming  are  concealed  therein,  and  also  the  persons  of  those 
whom he or such officer so takes into custody; 

and  may  seize  or  authorise  such  officer  to  seize  and  take  possession  of  all  instruments  of  gaming 
found upon such search. 

[^2]. As to enhanced punishment for a second conviction of an offence under s. 3 or s. 4, see s. 15 of this Act. 


 
6. **Finding cards, etc., in suspected houses, to be evidence that such houses are common gaming-
houses.**—When any cards, dice, gaming-tables, cloths, boards or other instruments of gaming are found 
in  any  house,  walled  enclosure,  room  or  place  entered  or  searched  under  the  provisions  of  the  last 
preceding section, or about the person of any of those who are found therein, it shall be evidence, until the 
contrary  is  made  to  appear,  that  such  house,  walled  enclosure,  room  or  place,  is  used  as  a  common 
gaming-house, and that the persons found therein were there present for the purpose of gaming, although 
no play was actually seen by the Magistrate or police-officer, or any of his assistants.

7. **Penalty on persons arrested for giving false names and addresses.**—If any person found in any 
common  gaming-house entered by any Magistrate or officer of police under the provisions of this Act, 
upon being arrested, by any such officer or upon being brought before any Magistrate, on being required 
by such officer or Magistrate to give his name and address, shall refuse or neglect to give the same, or 
shall give any false name or address, he may upon conviction before the same or any other Magistrate be 
adjudged  to  pay  any  penalty  not  exceeding  five  hundred  rupees,  together  with  such  costs  as  to  such 
Magistrate  shall  appear  reasonable,  and  on  the  non-payment  of  such  penalty  and  costs,  or  in  the  first 
instance,  if  to  such  Magistrate  it  shall  seem  fit,  may  be  imprisoned  for  any  period  not  exceeding  one 
month.

8. **On conviction for keeping a gaming-house, instruments of gaming to be destroyed.**—On 
conviction of any person for keeping or using any such common gaming-house, or being present therein 
for  the  purpose  of  gaming,  the  convicting  Magistrate  may  order  all  the  instruments  of  gaming  found 
therein to be destroyed, and may also order all or any of the securities for money and other articles seized, 
not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all 
moneys seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the 
persons appearing to have been severally thereunto entitled.

9. **Proof of playing for stakes unnecessary.**—It shall not be necessary, in order to convict any person 
of keeping a common gaming-house, or of being concerned in the management of any common gaming-
house, to prove that any person found playing at any game was playing for any money, wager or stake. 

10. **Magistrate may require any person, apprehended to be sworn and give evidence.**—It shall be 
lawful for the Magistrate before whom any persons shall be brought, who have been found in any house, 
walled enclosure, room or place entered under the provisions of this Act, to require any such persons to 
be  examined  on  oath  or  solemn  affirmation,  and  give  evidence  touching  any  unlawful  gaming  in  such 
house,  walled  enclosure,  room  or  place,  or  touching  any  act  done  for  the  purpose  of  preventing, 
obstructing or delaying the entry into such house, walled enclosure, room or place or any part thereof, of 
any Magistrate or officer authorised as aforesaid. 

No person so required to be examined as a witness shall be excused from being so examined when 
brought  before  such  Magistrate  as  aforesaid,  or  from  being  so  examined  at  any  subsequent  time  by  or 
before the same or any other Magistrate, or by or before any Court on any proceeding or trial in any ways 
relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him 
touching the matters aforesaid, on the ground that his evidence will tend to criminate himself. 

Any  such  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 section 178 or section 179 (as the case may 
be) of the Indian Penal Code (45 of 1860). 

11. **Witnesses indemnified.**—Any person who shall have been concerned in gaming contrary to 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 relating to gaming, and who, upon such examination, shall in the opinion 
of the Magistrate make true and faithful discovery, to the best of his knowledge, of all things as to which 
he shall be 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.

12. **Act not to apply to certain games.**—Nothing in the foregoing provisions of this Act contained 
shall be held to apply to any game of mere skill wherever played. 

13. **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 birds and animals. 

Such  person  when  apprehended  shall  be  brought  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 calendar month;

**Destruction of instruments of gaming found in public street.**—And such police-officer may seize 
all instruments of gaming found in such public place or on the person of those whom he shall so arrest, 
and the Magistrate may on conviction of the offender order such instruments to be forthwith destroyed.

14. **Offences by whom triable.**—Offences  punishable  under  this  Act  shall  be  triable  by  any 
Magistrate having jurisdiction in the place where the offence is committed.

But  such  Magistrate  shall  be  restrained  within  the  limits  of  his  jurisdiction  under  the Code  of 
Criminal Procedure, as to the amount of fine or imprisonment he may inflict.

##STATE AMENDMENT 

**Uttar Pradesh**

**Insertion of new section 14-A in Act No. 3 of 1867.**— After section 14 of the Public Gambling Act, 
1867, the following section shall be inserted, namely:— 

“**14-A. Compounding of offences.**—An  officer  specially  empowered  in  this  behalf  by  the  State 
Government by notification may, subject to any general or special order of the State Government in this 
behalf,  compound  any  offence  punishable  under  this  Act,  either  before  or  after  the  institution  of  the 
prosecution,  on  realization  of  such  amount  of  composition  fee  as  he  thinks  fit,  not  exceeding  the 
maximum amount of fine fixed for the offence; and where the offence is so compounded— 

(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such 
offence and shall, if in custody, be set at liberty;

(ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender.” 
Provided  that  nothing  contained  in  this  section  shall  authorize  the  composition  of  any  subsequent 
offence  committed  by  an  offender  who  has  once  been  convicted  for  any  offence  punishable  under  this 
Act.

[*Vide* Uttar Pradesh Act 35 of 1979, s. 6] 

**Abatement of certain trials.**—Notwithstanding  anything  contained  in  any  other  law  for  the  time 
being in force, — 

(1) the trial of an accused for — 
  (a) an offence punishable under — 
    “(i) the Motor Vehicles Act, 1988; or”  
    (ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that Act 
or an offence in respect of wagering punishable under section 13 of that Act; or  
    (iii) section 34 of the Police Act, 1861; or 
    (iv) section 160 of the Indian Penal Code, 1860; or 
  (b) any other offence punishable with fine only, or 

(2) a procedure, under section 107 or section 109 of the Code of Criminal Procedure,  1973, pending 
before  a  Magistrate  on  the  date  of  commencement  of  this  Act  from  before  “December  31,  2015”  shall 
abate. 

[*Vide* the Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016 and 9 of 
2018]. 

15. **Penalty for subsequent offence.**—  Whoever,  having  been  convicted  of  an  offence  punishable 
under section 3 or section 4 of this Act, shall again be guilty of any offence punishable under either of 
such sections, shall be subject for every such subsequent offence to double the amount of punishment to 
which he would have been liable for the first commission of an offence of the same description: 

Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to 
imprisonment for a term exceeding one year.

16. **Portion of fine may be paid to informer.**—The Magistrate trying the case  may  direct  any 
portion of any fine which shall be levied under sections 3 and 4 of this Act, or any part of the moneys or 
proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer. 

17. **Recovery and application of fines.**—All fines imposed under this Act may be recovered in the 
manner prescribed by section 61 of the Code of Criminal Procedure.

18. [Offences  under  this  Act  to  be  “offences”  within  the  meaning  of  Penal  Code.]  Rep.  by  the 
Repealing Act, 1874 (16 of 1874), s. 1 and the Schedule, Pt. I.