{ "schema_version": "qanun-law-text/1", "id": "pk-code-f8268cfac02c633f", "title": "Public Gambling Act, 1867", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-ap4%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "1fa4dad1d961429634f88535a17c4ba0368b4ce25c586c08d11770c458641208", "source_sha256": "1fa4dad1d961429634f88535a17c4ba0368b4ce25c586c08d11770c458641208", "text_version_id": "law:pk-code-f8268cfac02c633f:sha256:1fa4dad1d961429634f88535a17c4ba0368b4ce25c586c08d11770c458641208", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 7 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE PUBLIC GAMBLING ACT, 1867 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPREAMBLE \r\n \r\n1. Interpretation clause \r\n \r\n2. Power to extend Act \r\n \r\n3. Penalty for owning or keeping, or having charge of a gaming-house \r\n \r\n4. Penalty for being found in gaming-house \r\n \r\n5. Powers to enter and authorised police to enter and search \r\n \r\n6. Finding cards, etc., in suspected houses, to be evidence that such houses are common \r\n gaming-houses \r\n \r\n7. Penalty on persons arrested for giving false names and addresses \r\n \r\n8. On conviction for keeping a gaminghouse, instruments of gaming to be destroyed. \r\n \r\n9. Proof of playing for stake unnecessary \r\n \r\n10. Magistrate may require any person apprehended to be sworn and give evidence \r\n \r\n11. Witnesses indemnified \r\n \r\n12. Act not to apply to certain games \r\n \r\n13. Gaming and setting birds and animals to fight in public streets \r\n \r\n14. Offences, by whom triable \r\n \r\n15. Penalty for subsequent offence \r\n \r\n16. Portion of fine may be paid to informer \r\n \r\n\r\n \r\nPage 2 of 7 \r\n \r\n17. Recovery and application of fines \r\n \r\n18. [Repealed.] \r\n \r\n \r\n \r\n \r\nPage 3 of 7 \r\n \r\nl[THE PUBLIC GAMBLING ACT, 1867] \r\n \r\n*2Act No. III OF 1867 \r\n \r\n[25th January, 1867] \r\n \r\nAn Act to provide for the punishment of public gambling and the keeping of common gaming-\r\nhouses in 3[the Punjab]. \r\n \r\n Preamble. WHEREAS it is expedient to make provision for the punishment of public \r\ngambling and the keeping of common gaming-houses in 4[the Punjab]; \r\n \r\n It is hereby enacted as follows:— \r\n \r\n 1. Interpretation clause. In this Act___ \r\n \r\n 5* * * * * * * \r\n \r\n “Common gaming-house”. “Common gaming-house means any house, walled enclosure, \r\nroom or place in which cards, dice, tables or other instruments of gaming are kept or used for the \r\nprofits or gain of the person owning, occupying, using or keeping such house, enclosure, room or \r\nplace, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, \r\nroom or place, or otherwise howsoever: \r\n \r\n 6* * * * * \r\n \r\n 2. Power to extend Act. 7[Sections 13 and 17] of this Act shall extend to the whole of the \r\n8[Punjab]; and it shall be competent to the 9[Provincial Government] whenever 10[it] may think fit, to \r\nextend by a 11[notification to be published in three successive numbers of the official Gazette, all or \r\n \r\n 1Short title given by the Repealing and Amending Act, 1897 (5 of 1897). \r\n This Act has been repealed to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981 , s. 4 and 3rd Sch. \r\n *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, \r\n s.2. \r\n 2For Statement of Objects and Reasons, see Gazette of India, 1866, p. 976; for Report of the Select Committee, see Gazette of India, 1867, \r\n Supplement, p. 44; and for Proceedings in Council, see Gazette of India, 1866, p. 662, and Gazette of India, 1867, pp. 48 and 52. \r\n The Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3. \r\n 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 \r\n modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\n 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 \r\n 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 \r\n the 1st June, 1951. \r\n It has been amended in its application to their : ___ \r\n (i) N.W.F.P. by N.W.F.P. Act 5 of 1947 and N.W.F.P. Act 28 of 1950; and \r\n (ii) Punjab, by Punjab Act 1 of 1929. \r\n 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 \r\n the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. \r\n 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 \r\n the 5th December, 1957, vide Police Notification No. 3(5)-HP-I/57 (7385)/26110, dated the 5th December, 1957. \r\n This Act has been repealed to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 4 and 3rd Sch. \r\n 3Certain original words have successively been amended by the Repealing and Amending Act, 1903 (1 of 1903), A. 0, 1949, Sch., and the \r\n 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. \r\n 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 \r\n Ordinance 21 of 1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955) to read as above. \r\n 5Definitions of \"Lieutenant-Governor \"and \"Chief Commissioner\" rep. by A. O., 1937. \r\n 6The clauses relating to “Number” and “Gender” rep. by the Second Repealing and Amending Act 1914 (17 of 1914), s. 3 and II Sch. \r\n 7Subs. by the Amending Act, 1891 (12 of 1891), for “ss. 13, 17 and 18,” \r\n 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 \r\n “Province. which had been subs. for “said territories”, by A.O., 1949, Sch. \r\n 9Subs. by A.O., 1937, for “Lieutenant-Governor or the Chief-Commissioner, as the case may be.” \r\n 10Subs., ibid., for “he”. \r\n 11For notification extending the remaining sections of this Act to the town of Kallarkot and certain villages in Mianwali District, see Gaz. of \r\n West Pakistan 1958,Pt.I, pp.182-83. \r\n 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 \r\n land revenue record for the time being inforce) of Taxila in the Distrct of Rawalpindi, see West Pakistan Gazette, 1959, Pt. I p. 447. \r\n \r\nPage 4 of 7 \r\n \r\nany of the remaining sections of this Act to any city, town, suburb, railway-station house and place \r\nbeing not more than three miles distant from any part of such station-house within the 1[Punjab], and \r\nin such notification to define, for the purposes of this Act, the limits of such city, town, suburb or \r\nstation-house, and from time to time alter the limits so defined. \r\n \r\n From the date of any such extension, so much of any rule having the force of law which shall \r\nbe in operation in the territories to which such extension shall have been made, as shall be \r\ninconsistent with or repugnant to any section so extended, shall cease to have effect it such \r\nterritories. \r\n \r\n 3. Penalty for owning or keeping, or having charge of gaming-house. Whoever, being the \r\nowner or occupier, or having the use, of any house, walled enclosure, room or place situate within \r\nthe limits to which this Act applies, opens, keeps or uses the same as a common gaming-house; and. \r\n \r\n Whoever, being the owner or occupier of any such house, walled enclosure, room of place as \r\naforesaid, knowingly or willfully permits the same to be opened, occupied used or kept by any other \r\npersons as a common gaming-house; and \r\n \r\n Whoever has the care or management of, or in any manner assists in conducting, the business \r\nof any house, walled enclosure, room or place as aforesaid, opened, occupied, used or kept for the \r\npurpose aforesaid; and. \r\n \r\n Whoever advances or furnishes money for the purpose of gaming with persons frequenting \r\nsuch house, walled enclosure, room or place, \r\n \r\n shall be liable to a fine not exceeding two hundred rupees, or to imprisonment of e ither \r\ndescription, 2as defined in the Pakistan Penal Code, (XLV of 1860) for any term not exceeding three \r\nmonths.3 \r\n \r\n 4. Penalty for being found in gaming -house. Whoever is found in any such house, walled \r\nenclosure, room or place, playing or gaming with car ds, dice, counters, money or other instruments \r\nof gaming, or is found there present for the purpose of gaming, whether playing for any money, \r\nwager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees, or to \r\nimprisonment of eithe r description, 2as defined in the Pakistan Penal Code (XLV of 1860), for any \r\nterm not exceeding one month,3 \r\n \r\n and any person found in any common gaming -house during any gaming or playing therein \r\nshall be presumed, until the contrary be proved, to have been there for the purpose of gaming. \r\n \r\n 5. Powers to enter and authorise police to enter and search. If the Magistrate of a district 3 \r\nor other officer invested with the full powers of a Magistrate 4, or the District Superintendent of \r\nPolice, upon credible info rmation, and after such en quiry as he may think necessary, has reason to \r\nbelieve that any house, walled enclosure, room or place, is used as a common gaming-house, \r\n \r\n \r\n 1The Original words “territories subject to his government or administration” have successively been amended by A. O., 1937, A.O., 1949 \r\n Sch., and Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955) to read as above. \r\n 2See s. 53 of the Code. \r\n 3As to enhanced punishment for a second conviction of an offence under section 3 or section 4, see section 15 of this Act. \r\n 4Read District Magistrate and Magistrate of the first class, respectively, see Code of Criminal Procedure, 1898 (5 of 1898), s. 3. \r\n \r\n \r\nPage 5 of 7 \r\n \r\n he may either himself enter, or by his warrant authorise any officer of police, not below such \r\nrank as the 1[provincial Government] shall appoint in this behalf to enter with such assistance as may \r\nbe found necessary, by night or by day, and by force if necessary, any such house, walled enclosure, \r\nroom or place, \r\n \r\n and may either himself take into custody, or authorise such officer to take into custody, all \r\npersons whom he or such officer finds therein, whether or not then actually gaming; \r\n \r\n and may seize or authorise such officer to seize all instruments of gaming, and all moneys \r\nand securities for money, and articles of value, reasonably suspected to have been used or intended to \r\nbe used for the purpose of gaming which are found therein; \r\n \r\n and may search or authorise such officer to search all parts of the house, walled enclosure, \r\nroom or place which or such officer shall have so entered when he or such officer has reason to \r\nbelieve that any instruments of gaming are concealed therein, and also the persons of those whom he \r\nor such officer so takes into custody; \r\n \r\n and may seize or authorise such officer to seize and take possession of all instruments of \r\ngaming found upon such search. \r\n \r\n 6. Finding cards, etc., in suspected houses, to be evidence that such houses are common \r\ngaming-houses. When any cards, dice, gaming-tables, cloths, boards or other instruments of gaming \r\nare found in any house, walled en closure, room or place entered or searched under the provisions of \r\nthe last preceding section, or about the person of any of those who are found therein, it shall be \r\nevidence, until the contrary is made to appear, that such house, walled enclosure, room or place, is \r\nused as a common gaming -house, and that the persons found there in were there present for the \r\npurpose of gaming, although no play was actually seen by the Magistrate or police-officer, or any of \r\nhis assistants. \r\n \r\n 7. Penalty on persons arrested for giving false names and addresses. If any person found \r\nin any common gaming-house entered by any Magistrate or officer of police under the provisions of \r\nthis Act, upon being arrested, by any such officer or upon being brought before any Magistrate, on \r\nbeing required by such officer or Magistrate to give his name and address, shall refuse or neglect to \r\ngive the same, or shall give any false name or address, he may upon convicti on before the same or \r\nany other Magistrate be ad judged to pay any penalty not exceeding five hundred rupees, together \r\nwith such costs, as to such Magistrate shall appear reasonable, and on the non -payment of such \r\npenalty and costs, or in the first instanc e, if to such Magistrate it shall seem fit, may be imprisoned \r\nfor any period not exceeding one month. \r\n \r\n 8. On conviction for keeping a gaminghouse, instruments of gaming to be destroyed. On \r\nconviction of any person for keeping or using any such common gami ng- house, or being present \r\ntherein for the purpose of gaming, the convicting Magistrate may order all the in struments of gaming \r\nfound therein to be destroyed, and may also order all or any of the securities for money and other \r\narticles seized, not being instruments of gaming, to be sold and converted into money, and the \r\nproceeds thereof with all moneys seized there in to be forfeited or, in his discretion, may order any \r\npart thereof to be returned to the persons appearing to have been severally thereunto entitled. \r\n \r\n \r\n 1Subs. by A.O., 1937, for “Lieutenant-Governor or Chief-Commissioner”. \r\n \r\nPage 6 of 7 \r\n \r\n 9. Proof of playing for stake unnecessary. It shall not be necessary, in order to convict any \r\nperson of keeping a common gaming-house, or of being concerned in the management of any \r\ncommon gaming-house, to prove that any person found playing at any game was playing for any \r\nmoney, wager or stake. \r\n \r\n 10. Magistrate may require any person apprehended to be sworn and give evidence. It \r\nshall be lawful for the Magistrate before whom any persons shall be brought, who have been found \r\nin any house, walled enclosure, room or place entered under the provisions of this Act, to require any \r\nsuch persons to be examined on oath or solemn affirmation, and give evidence touching any \r\nunlawful gaming in such house, walled enclosure, room or place, or touching any act done for the \r\npurpose of preventing, obstructing or delaying the entry into such house, walled enclosure, room or \r\nplace or any part thereof, of any Magistrate or officer authorised as aforesaid. \r\n \r\n No person so required to be examined as a witness shall be excused from being so examined \r\nwhen brought before such Magistrate as aforesaid, or from being so examined at any subsequent time \r\nby or before the same or any other Magistrate, or by or before any Court on any proceeding or trial in \r\nany ways relating to such unlawful gaming or any such acts as aforesaid, or from answering any \r\nquestion put to him touching the matters aforesaid, on the ground that his evidence will tend to \r\ncriminate himself. \r\n \r\n Any such person so required to be examined as a witness, who refuses to make oath or take \r\naffirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt \r\nwithin all respects as any person committing the offence described in section 178 or section 179 (as \r\nthe case may be) of the Pakistan Penal Code (XLV of 1860). \r\n \r\n 11. Witnesses indemnified. Any person who shall have been Concerned in gaming contrary \r\nto this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for \r\na breach of any of the provisions of this Act relating to gaming, and who, upon such examination, \r\nshall in the opinion of the Magistrate make true and faithful discovery, to the best of his knowledge, \r\nof all things as to which he shall be so examined, shall thereupon receive from the said Magistrate a \r\ncertificate. in writing to that effect, and shall be free from all prosecutions under this Act for \r\nanything done before that time in respect of such gaming. \r\n \r\n 12. Act not to apply to certain games. Nothing in the foregoing provisions of this Act \r\ncontained shall be held to apply to any game of mere skill wherever played. \r\n \r\n 13. Gaming and setting birds and animals to fight in public streets. A police-officer may \r\napprehend without warrant any person found playing for money or other valuable thing with cards, \r\ndice, counters or other instruments of gaming, used in playing any game not being a game of mere \r\nskill in any public street, place or thoroughfare situated within the limits aforesaid, or \r\n \r\n any person setting any birds or animals to fight in any public street, place or thoroughfare \r\nsituated within the limits aforesaid, or \r\n \r\n any person there present aiding and abetting such public fighting of birds and animals. \r\n \r\n Such person when apprehended shall be brought without delay before a Magistrate, and shall \r\nbe liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous for any \r\nterm not exceeding one calendar month; \r\n \r\n 1See now the Code of Criminal Procedure, 1898 (5 of 1898). \r\n \r\nPage 7 of 7 \r\n \r\n Destruction of instruments of gaming found in public streets. and such police-officer may \r\nseize all instruments of gaming found in such public place or on the person of those whom he shall \r\nso arrest, and the Magistrate may on the conviction of the offender order such instruments to be \r\nforthwith destroyed. \r\n \r\n 14. Offences, by whom triable. Offences punishable under this Act shall be triable by any \r\nMagistrate having jurisdiction in the place where the offence is committed. \r\n \r\n But such Magistrate shall be restrained within the limits of his jurisdiction under the lCode of \r\nCriminal Procedure, as to the amount of fine or imprisonment he may inflict. \r\n \r\n 15. Penalty for subsequent offence. Whoever, having been convicted of an offence punish-\r\nable under section 3 or section 4 of this Act, shall again be guilty of any offence punishable under \r\neither of such sections, shall be subject for every such subsequent offence to double the amount of \r\npunishment to which he would have been liable for the first commission of an offence of the same \r\ndescription: \r\n \r\n Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to \r\nimprisonment for a term exceeding one year. \r\n \r\n 16. Portion of fine may be paid to informer. The Magistrate trying the case may direct any \r\nportion of any fine which shall be levied under section 3 and 4 of this Act, or any part of the moneys \r\nor proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer. \r\n \r\n 17. Recovery and application of fines. All fines imposed under this Act may be recovered \r\nin the manner prescribed by section 61 of the lCode of Criminal Procedure 2* * *. \r\n \r\n 18. 3[Repealed] \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 13-09-2024 \r\n 1See now the Code of Criminal Procedure, 1898 (5 of 1898). \r\n 2The words “and such fines shall (subject to the provisions contained in the last preceding section) be applied as the Lieutenant-Governor or \r\n Chief Commissioner, as the case may be, shall from time to time direct” rep. by A. O., 1937. \r\n 3Rep. by the Repealing Act, 1874 (XVI of 1874), s. 1 and Sch., Pt. 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