Section 4 Public Gambling Act, 1867
Section 4 Public Gambling Act, 1867:
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; 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 purposes of gaming. STATE AMENDMENTS Himachal Pradesh.—In section 4— Same as that of under section 3. [Himachal Pradesh Act 30 of 1976, Sec. 4]. Madhya Pradesh.—In section 4,—
(i) for the words “house, walled enclosure, room or place” wherever they occur, the words “house, room, tent, enclosure, space, vehicle, vessel or place” shall be substituted.
[(C) P. Act 3 of 1927, sec. 4].
(ii) for the words “one hundred rupees”, the words “five hundred rupees” and for the words “one month”, the words “four months” shall be substituted.
[(M) P. Act 25 of 1950, sec. 4 (w.e.f. 3-11-1950)].
(Manipur) —In section 4,— Same as in M.P. (ii).
[(S) R.O. 168, dated 30th January, 1952, Gazette of India, 1952, Pt. II, Sec. 3, p.149]. Punjab: Haryana: Chandigarh.—Same as that of Madhya Pardesh (i). [Punjab Act 1 of 1929, sec. 4; 18 of 1958, sec. 3 and Sch.; 31 of 1966, sec. 88]. Uttar Pradesh.—In section 4,—
(i) for the words “house, walled enclousure, room or place” wherever they occur, the words “house, room, tent, walled enclosure, space, vehicle, vessel or place” shall be substituted.
[(U) P. Act 1 of 1917, sec. 3].
(ii) for the words “one hundred rupees” substitute the words “three hundred rupees”.
[(U) P. Act 34 of 1952, sec. 3 (w.e.f. 5-12-1952)].
(iii) in section 4 in the marginal note, between the words ‘found in’and ‘gaming house’, add the words ‘or in the immediate vicinity of’.
(iv) (a) in para. 1 of section 4, between the words “is found there present” and “for the purpose of”, add the words “or in the immediate vicinity thereof”; and b) words beginning with “shall be liable to a fine” and ending with “exceeding one month” shall be deleted and the following shall be substituted therefor:— “shall be liable— in the case of a first offence to a fine not exceeding three hundred rupees nor less than one hundred rupees or to rigorous imprisonment for any term not exceeding one month, and in the case of any subsequent offence to a fine not exceeding five hundred rupees nor less than two hundred rupees and to rigorous imprisonment for a term not exceeding six months nor less than one month.”
(v) in para 2, between the words “common gaming house” and “during any gaming”, add the words “and any person found in the immediate vicinity thereof with any instument of gaming”.
[(U) P. Act 21 of 1961, sec. 4 (w.e.f. 7-9-1961)]. Himachal Pradesh.—Insert section 4A. Same as that of Punjab, Haryana and Chandigarh. Madhya Pradesh.—After section 4,
Supreme Court of India Important Judgments And Leading Case Law Related to Section 4 Public Gambling Act, 1867:
Jagannath Prasad vs State Of Madhya Pradesh And Anr. on 2 February, 1968
State vs Namgonda Jayagonda Patil And Ors. on 3 October, 1962
Miyabhai Pirbhai And Ors. vs The State on 11 April, 1962
Kailash Chand Jain vs The State Of Madhya Pradesh on 7 December, 2015
Jaywant Balkrishna Sail vs State Of Maharashtra on 25 June, 2012
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