Public Gambling Act, 1867

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THE PUBLIC GAMBLING ACT, 1867 
 
 
 
CONTENTS 
 
PREAMBLE 
 
1.  Interpretation clause 
 
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.  Powers to enter and authorised 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 gaminghouse, instruments of gaming to be destroyed. 
 
9.  Proof of playing for stake 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 
 
14.  Offences, by whom triable 
 
15.  Penalty for subsequent offence 
 
16.  Portion of fine may be paid to informer 
 

 
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17.  Recovery and application of fines 
 
18.  [Repealed.] 
 
 
 
 
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l[THE PUBLIC GAMBLING ACT, 1867] 
 
*2Act No. III OF 1867 
 
[25th January, 1867] 
 
An Act to provide for the punishment of public gambling and the keeping of common gaming-
houses in 3[the Punjab]. 
 
 Preamble. WHEREAS it is expedient to make provision for the punishment of public 
gambling and the keeping of common gaming-houses in 4[the Punjab]; 
 
 It is hereby enacted as follows:— 
 
 1. Interpretation clause. In this Act___ 
 
 5*  *  *  *  *  *  * 
 
 “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 
profits 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: 
 
 6*  *  *  *  * 
 
 2. Power to extend Act. 7[Sections 13 and 17] of this Act shall extend to the whole of the 
8[Punjab]; and it shall be competent to the 9[Provincial Government] whenever 10[it] may think fit, to 
extend by a 11[notification to be published in three successive numbers of the official Gazette, all or 
 
 1Short title given by the Repealing and Amending Act, 1897 (5 of 1897). 
 This Act has been repealed to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981 , s. 4 and 3rd Sch. 
 *The Public Gambling Act, 1867, (III of 1867) has been repealed in its application in the Province of Punjab. See Punjab Act, II of 1985, 
 s.2. 
 2For Statement of Objects and Reasons, see Gazette of India, 1866, p. 976; for Report of the Select Committee, see Gazette of India, 1867, 
 Supplement, p. 44; and for Proceedings in Council, see Gazette of India, 1866, p. 662, and Gazette of India, 1867, pp. 48 and 52. 
 The Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3. 
 It has been applied to phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P. subject to certain 
 modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 It has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws 
 Regulation, 1950 and declared to be in force in that area with effect from the 1st June, 1951,___See N. W.F.P. Gazette Extraordinary, dated 
 the 1st June, 1951. 
 It has been amended in its application to their : ___ 
  (i)  N.W.F.P. by N.W.F.P. Act 5 of 1947 and N.W.F.P. Act 28 of 1950; and 
  (ii)  Punjab, by Punjab Act 1 of 1929. 
 It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in 
 the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. 
 Sections 1,2,3,4,5,6,7,8,9,10,14,15 and 16 of this Act, have been extended to the Districts of Peshawar, Hazara and Mardan with effect from 
 the 5th December, 1957, vide Police Notification No. 3(5)-HP-I/57 (7385)/26110, dated the 5th December, 1957. 
 This Act has been repealed to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 4 and 3rd Sch. 
 3Certain original words have successively been amended by the Repealing and Amending Act, 1903 (1 of 1903), A. 0, 1949, Sch., and the 
 Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above. 
 4Certain original words have successively been amended by the Amending Act, 1891 (12 of 1891), Sch II, Act 1 of 1903. A.O. 1949 and 
 Ordinance 21 of 1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955) to read as above. 
 5Definitions of "Lieutenant-Governor "and "Chief Commissioner" rep. by A. O., 1937. 
 6The clauses relating to “Number” and “Gender” rep. by the Second Repealing and Amending Act 1914 (17 of 1914), s. 3 and II Sch. 
 7Subs. by the Amending Act, 1891 (12 of 1891), for “ss. 13, 17 and 18,” 
 8Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2nd Sch. (with effect from the 14th Octobe r, 1955), for 
 “Province. which had been subs. for “said territories”, by A.O., 1949, Sch. 
 9Subs. by A.O., 1937, for “Lieutenant-Governor or the Chief-Commissioner, as the case may be.” 
 10Subs., ibid., for “he”. 
 11For notification extending the remaining sections of this Act to the town of Kallarkot and certain villages in Mianwali District, see Gaz. of 
 West Pakistan 1958,Pt.I, pp.182-83. 
 For notification extending the provisions of all the remaining sections of this act to the local limits of the rev enue states ( as specified in the 
 land revenue record for the time being inforce) of Taxila in the Distrct of Rawalpindi, see West Pakistan Gazette, 1959, Pt. I p. 447. 
 
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any of the remaining sections of this Act to any city, town, suburb, railway-station house and place 
being not more than three miles distant from any part of such station-house within the 1[Punjab], 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 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 
inconsistent with or repugnant to any section so extended, shall cease to have effect it such 
territories. 
 
 3. Penalty for owning or keeping, or having charge of gaming-house. Whoever, being the 
owner or occupier, or having the use, of any house, walled enclosure, room or place situate 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 of place as 
aforesaid, knowingly or willfully permits the same to be opened, occupied used or kept by any other 
persons 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 gaming 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 e ither 
description, 2as defined in the Pakistan Penal Code, (XLV of 1860) for any term not exceeding three 
months.3 
 
 4. Penalty for being found in gaming -house. Whoever is found in any such house, walled 
enclosure, room or place, playing or gaming with car ds, 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 eithe r description, 2as defined in the Pakistan Penal Code (XLV of 1860), for any 
term not exceeding one month,3 
 
 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 3 
or other officer invested with the full powers of a Magistrate 4, or the District Superintendent of 
Police, upon credible info rmation, and after such en quiry as he may think necessary, has reason to 
believe that any house, walled enclosure, room or place, is used as a common gaming-house, 
 
 
 1The Original words “territories subject to his government or administration” have successively been amended by A. O., 1937, A.O., 1949 
 Sch., and Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955) to read as above. 
 2See s. 53 of the Code. 
 3As to enhanced punishment for a second conviction of an offence under section 3 or section 4, see section 15 of this Act. 
 4Read District Magistrate and Magistrate of the first class, respectively, see Code of Criminal Procedure, 1898 (5 of 1898), s. 3. 
 
 
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 he may either himself enter, or by his warrant authorise any officer of police, not below such 
rank as the 1[provincial 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 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. 
 
 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 en closure, 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 there in 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 convicti on before the same or 
any other Magistrate be ad judged 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 instanc e, if to such Magistrate it shall seem fit, may be imprisoned 
for any period not exceeding one month. 
 
 8. On conviction for keeping a gaminghouse, instruments of gaming to be destroyed. On 
conviction of any person for keeping or using any such common gami ng- house, or being present 
therein for the purpose of gaming, the convicting Magistrate may order all the in struments 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 there in 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. 
 
 
 1Subs. by A.O., 1937, for “Lieutenant-Governor or Chief-Commissioner”. 
 
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 9. Proof of playing for stake 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 
within all respects as any person committing the offence described in section 178 or section 179 (as 
the case may be) of the Pakistan Penal Code (XLV 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 free 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; 
 
 1See now the Code of Criminal Procedure, 1898 (5 of 1898). 
 
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 Destruction of instruments of gaming found in public streets. 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 the 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 lCode of 
Criminal Procedure, as to the amount of fine or imprisonment he may inflict. 
 
 15. Penalty for subsequent offence. Whoever, having been convicted of an offence punish-
able 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 section 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 lCode of Criminal Procedure 2* * *. 
 
 18. 3[Repealed]  
______________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 13-09-2024 
 1See now the Code of Criminal Procedure, 1898 (5 of 1898). 
 2The words “and such fines shall (subject to the provisions contained in the last preceding section) be applied as the Lieutenant-Governor or 
 Chief Commissioner, as the case may be, shall from time to time direct” rep. by A. O., 1937. 
 3Rep. by the Repealing Act, 1874 (XVI of 1874), s. 1 and Sch., Pt. I.