1[(1)] Whoever-
(a) 2[opens, keeps or uses any house, room or place] for the purpose of a common gaming house,
(b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,
(c) has the care or management of, or in any manner assists in conducting the business of, any such house, room or place opened, occupied, kept or used for the purpose aforesaid,
(d) advances or furnishes money for the purposes of gaming with persons frequenting any such house, room or place,
3[4[shall, on conviction, be punished] with imprisonment 5[which may extend to two years] 6[and may also be punished with fine]:
Provided that-
(a) for a first offence such imprisonment shall not be less than 7[three months and fine shall not be less than five hundred rupees ;]
(b) for a second offence such imprisonment shall not be less than 8[six months and fine shall not be less than one thousand rupees ; and]
(c) for a third or subsequent offence such imprisonment shall not be less than 9[one year and fine shall not be less than two thousand rupees.]]
10[(2) Nothing contained in the provisions of the Probation of Offenders Act, 1958 (XX of 1958), or in sub-sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any person convicted under this section.]
(a) 2[opens, keeps or uses any house, room or place] for the purpose of a common gaming house,
(b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,
(c) has the care or management of, or in any manner assists in conducting the business of, any such house, room or place opened, occupied, kept or used for the purpose aforesaid,
(d) advances or furnishes money for the purposes of gaming with persons frequenting any such house, room or place,
3[4[shall, on conviction, be punished] with imprisonment 5[which may extend to two years] 6[and may also be punished with fine]:
Provided that-
(a) for a first offence such imprisonment shall not be less than 7[three months and fine shall not be less than five hundred rupees ;]
(b) for a second offence such imprisonment shall not be less than 8[six months and fine shall not be less than one thousand rupees ; and]
(c) for a third or subsequent offence such imprisonment shall not be less than 9[one year and fine shall not be less than two thousand rupees.]]
10[(2) Nothing contained in the provisions of the Probation of Offenders Act, 1958 (XX of 1958), or in sub-sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any person convicted under this section.]
Source footnotes
1. Section 4 was renumbered as sub-section (1) of that section and these words were substituted for the words "which may extend to six months", by Mah. 20 of 1975, s. 3 (i).2. These words were substituted by Bom. 2 of 1941, s. 3, read with Bom. 37 of 1947, s. 2.
3. This portion was substituted by Bom. 37 of 1947, s. 3.
4. These words were substituted for the words "shall, on conviction, be punishable" by Mah. 28 of 1967, s. 2.
5. Section 4 was renumbered as sub-section (1) of that section and these words were substituted for the words "which may extend to six months", by Mah. 20 of 1975, s. 3 (i).
6. These words were substituted for the words "and with fine" by Mah. 28 of 1967, s. 2.
7. These words were substituted for the words "one month and fine shall not be less than two hundered rupees" by Mah. 20 of 1975, s. 3 (ii) (a).
8. The words were substituted for the words "three months and fine shall not be less than two hundred rupees" by Mah. 20 of 1975, s. 3 (ii) (b).
9. These words were substituted for the words "six months and fine shall not be less than two hundred rupees," by Mah. 20 of 1975, s. 3 (ii) (c).
10. Sub-section (2) was inserted by Mah. 20 of 1975, s. 3 (iii).
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More sections of this act
Section 1 · Short title, Extent.Section 2 · Repealed.Section 3 · "Gaming" defined. "Gaming" defined. "Instruments of gaming" defined. "Common gaming-house" defined. "Place" defined.Section 5 · Gaming in common gaming-houses.Section 6 · Entry, search, etc., by Police officers in gaming-houses.Section 6(A) · Punishment for giving false names and addresses.Section 7 · Presumptive proof of keeping or gaming in common gaming-house.Section 8 · On conviction for keeping or gaming in common gaming-house, instruments of gaming may be destroyed.India Code, Government of India. Text fetched 22 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.