(1)
(2) 155 Whoever, has the.care or management of or in any manner assists in conducting the business of any house, room, tent, enclosure, space, vehicle, vessel or phce as aforesaid, opened, occupied., used or kept for the purpose aforesaid: and Whoever, advances or furnishes money or enters into "Boli" for the purpose of ;gaming with persons frequenting such house, room, tent, enclosure, space, vessel or place, shall be liable to imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to ten thousand rupees or with both.
Provided that otfences under this section shall be a cognizable offence and the court shall take cognzance ofoffence under sec'tion 190 (1) (b)ofthe Code of Criminal Proced ure on the report of a Police Ofhcer.
Whoever, is found in any such house, room, tent, enclosure, space, vehicle, vessel or place, playing or gaming with cards, dice counters, money or other instruments of gaming, or is bund there present for the purposes of gaming, u,tether phyirp for any money, wager, stake or otherwise, shall be liable to imprisonment for a term which may extend to three months and shall also be liable tc fine which may exbnd to fNe thousand rupees or with both.
Whoevet is found in any common gaming house during any gaming or playing therein shall be presumed, untll the contrary is proved, to have been there for the purpose of gaming.
Provided that, otfence under this section shall be a cognizable offence under section 3 of this Act and no court shall take cognizance of such offence under section 190(1) (b) of the Code of Criminal Procedure, except on the report of a Police Officer.
Penalty for being found in gaming house.
Powers to enterand authorae police to enterand search.
5 (1) 156 lf the Distsict Magistrate or any other Officer invested with the powers of a Magistrate, or the District Superintendent of Police, upon credible information, and afier such enquiry, as he may think n@ssary has reason to believe that any house, room, tent, enclosure, space, vehicle, vessel or place, is used as a common gaming house, may enter either by himself or by his warrant authorized any officer of police, not below the rank of SuLlnspector to enter wth such assistance, as may be necessary by night or by day, and by force, if necessary any such house, room, tent, enclosure, space, vehicle, v6sel or place;
(2) and either by himselftake into custody, or authorize such officer to take into custody all persons whom he or such officer finds therein whether or not the actually gaming;
(3) and may seize by himself or auhorize such officer to seize all inslruments of gaming, and all monies and securities of money and article of value, which are found therein, and which are reasonably suspectd to have been used or intended to be used for the puDose of gaming ;
(4) and may search by himself or authorize such ofrrcer to search all parts of the house, room, tent, enclosure, vehicle, vessel, space or place which he orsuch officershallhave so entercd 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;
(5) and may seize by himself or authonze such officer to seize and take possession of all instruments or gaming found upon such search.
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6. When any cards, dice, gaming-tables, cloths, boards or other instruments of gaming are found in any house, room, tent, endosure, space, vehicle, vesselor place entered or searched under the provisions of section 5 of this Act or about the person of any of those who are found therein, it shall be evidence untilthe contrary is made to appea( that such house. room, tent, enclosure, space, vehrcle. vessel or phce is used as a common gaming-house and that the persons found and pre.sent therein wFre for the purpose of gaming, although no play was actually seen by the Magistrate or the polic€ officer or any of their assistants.
7. lf any person is found in any common gaming-house entered by any Magistrate or police officer 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 Magistrate or officer to give his name and ddress, refuse or neglect to give the same, or give any false name or addrqss, he may upon conviction before the same or any other Magistrate be adiudged to pay penalty not exceeding live thousand rupees, together with such costs as to such Magistrate which my appear reasonable, and on non-payment of such penalty and costs, or in the first instances, if to such Magistrate it shall deem fit, may imprisoned for a term which may extend to one month.
8. On conviction of any person for keeping or using any such common gaming-house or b€ing 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 of money and other articles seized, not being instruments of gaming, to be sold and converted into money, and may the proceeds thereof with all monies seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the persons appearing to have been sevelally thereunto entitled.
Finding,cads, etc. in suspecfed frouses, to be evidence that such houses are comrfotl wmw houses.
Penalty on persons anested for giving false nam6s and addresses.
On conviction for keeping gaming-house, instruments of gaming to be destroyed.
Proof of playtng for slakes unnecessaty llagistrate may rcquire any percon apprchended to be sworn and give eviden@.
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9. lt shall not be ne@ssary an ordertoconvict any person of keeping a common gaming-house or of being concemed in the management ofany comrnon gaminghouse, to prove that any person found playing at any gaming was playing for any money, wager stake.