THE BOMBAY PREVENTION OF GAMBLING ACT, 1887

The Bombay Prevention of Gambling Act, 1887 (referred to hereinafter as “the Act”) stands as one of the pioneering legislative efforts within the Indian legal system aimed at controlling and regulating the spread of gambling activities in Maharashtra. This Act was promulgated in British colonial times with express objects of regulating gambling for morality and social consequence by placing heavy restrictions and punishments.

What is the Bombay Prevention of Gambling Act?

This Act will extend to the whole of the State of Maharashtra and, saving as otherwise provided; it was enacted in the Bombay Presidency during the British regime in India. The basic idea behind this enactment is the protection of individuals and society from the social and economic damages that may be caused by the activity of gambling. The following are the key features of the Act:

• Gambling Restrictions: It prohibits operating or being in charge of a typical gaming house and holds gambling in public places and the operation of gaming houses as offenses.

• Penalties: It provides for fines and imprisonment as penalties for prohibited actions under the Act.

• Search and Seizure: Section 6 empowers a police officer, duly authorized and above the rank of Sub-Inspector, to enter and search for any suspected typical gaming house at all times, using force when necessary. This can be effected within areas notified by a Commissioner of Police, District Magistrate, or other specified authorities. At such a search, a police officer can arrest any subjects present in the location, even if they were not caught gaming, and he can confiscate anything he feels to be used in gaming. These, however, require a particular search warrant, which is issued only upon the satisfaction of the issuing authority that there are enough grounds for suspicion. Also, searches are still valid even without local witnesses.

• Proof for conviction: Section 9 of the Act provides that for conviction of a person under this Act, it is not necessary to prove that any person found gaming was playing for money, wager, or stake. 

• Indemnification of certain witnesses: Section 10 of the Act provides for any person found gaming unlawfully under this Act, who shall be a witness to any information against any person offending against the gaming laws, and who, in the opinion of the Magistrate, shall make true discovery of all he knows in respect of the matter upon which he is questioned in the course of his examination, shall receive from the Magistrate a certificate in writing to the effect that he shall be indemnified by such information; of any prosecution under this Act for any matter or thing concerning gaming by him committed before the date thereof.

• Licensing Exceptions: Section 13 of the Act exempts certain games of skill from the prohibition imposed on gambling. Nevertheless, defining an act as a “skill” to fall under the ambit of Section 13 is a herculean task and has been kept open to interpretation as per the facts and circumstances of a case.   

• Amendments: As society keeps evolving, so does the situation for declaring an act as an offense. In order to keep up with the changes in societal norms and technological advancements, the Act has been amended from time to time.

Objectives of the Act

Primarily, the Act aims to provide for regulation and control regarding gambling so that the interest of society might be looked after. Section 3 deals with "gaming," but wagering or betting on horse races or dog races is expressly excluded. In these premises, the main objects are illustrated:

• Gambling prevention: It was an enactment to prevent gambling activities that are primarily based on chances rather than skills. This is to avoid the risks of addiction and financial ruin.

• Regulation of gaming houses: This Act gives the power to identify and regulate premises commonly recognized as gaming houses in any form or manner. Provisions under this act are aimed at limiting the running of such premises to reduce systematic gambling.

• Public protection: The Act prohibits practices of gambling for the reasons of protecting the public interest from the dangerous consequences emanating from such practices, among others, loss of money, addiction, and allied crimes.

• Strengthening law enforcement: The authorities are empowered under the Act to conduct searches, seize assets, and arrest individuals associated with illegal gambling activities; hence, there will be proper enforcement and implementation of the law.

• Penalty provisions: The Act also contains severe penalties, including fines and imprisonment, for people and bodies involved in gambling activities.

• Public awareness: The Act will serve to increase awareness among the public about the consequences and risks of specific actions; this will thereby deter those who might wish to continue from continuing.

• Legal and responsible gaming promotion: Even if primarily preventive, the Act indirectly promotes the legal and responsible forms of gambling by spelling out what is acceptable, such as games of skill. It has been envisaged to develop a legal and regulatory framework that will minimize the adverse impact of gambling on society.

Penalties under the Bombay Prevention of Gamble Act

The Act provides for various penalties for a variety of offenses about gambling activities. Herein are the critical penalties under the Act:

Punishment for operating a Common Gaming House

Section 4 of the Act provides punishment for keeping a common gaming house. Section 4 provides that whoever is convicted for keeping a common gaming house shall be punished with imprisonment which may extend to two years and may also be punished with a fine. The proviso provides punishment for the following circumstances:

First offense: Imprisonment for a term which shall not be less than 3 months and a fine which shall not be less than Rs. 500.  

Second offenses: Imprisonment for a term which shall not be less than 6 months and fine which shall not be less than Rs. 1000.

Third and subsequent offense: Imprisonment for a term which shall not be less than 1 year and fine which shall not be less than Rs. 2000.

Punishment for Being Found in a Common Gaming House

Section 5 provides that whoever is found in a common gaming house gaming or present for gaming shall be punished with imprisonment which may extend to 6 months and may also be punished with a fine. The provision provides punishment for the following circumstances:

First offense: Imprisonment for a term which shall not be less than 1 month and fine which shall not be less than Rs. 200.  

Second offenses: Imprisonment for a term which shall not be less than 3 months and fine which shall not be less than Rs. 200.

Third and subsequent offense: Imprisonment for a term which shall not be less than 6 months and fine which shall not be less than Rs. 200.

Punishment for giving false names and addresses

Section 6A of the Act if any person found in a common gaming house, upon arrest, is required to give his name and address, and if he neglects or refuses or gives a false name or address, he shall be liable to pay a fine not exceeding Rs. 1000. In case of non-payment of fine, or in the case of a first offense, if the Court shall seem fit, it can pass a sentence of imprisonment for a period not exceeding 4 months. 

Penalties for Gambling in Public Places or setting birds and animals to fight in public streets 

Section 12 of the Act provides that whoever is convicted for gaming in any public streets or setting birds and animals to fight in public streets will be punished both with a fine which may extend to Rs. 300 and with imprisonment which may extend to 3 months.

Seizure and destruction

Section 12 further provides that police officers may seize birds and animals used in animal fights in public streets and things reasonably suspected to be instruments used for gaming found in public streets. The Magistrate upon conviction of the person, may order destruction of such instruments and such birds and animals to be sold and the proceeds be forfeited. 

Punishment for printing, publishing, or distributing any news or information for aiding or facilitating gaming

Section 12A of the Act provides that any police officer is empowered to apprehend without warrant any person liable for printing, publishing, or distributing any news or information for aiding or facilitating gaming. Any person on conviction will be punished in the same manner as Section 4 (punishment for Operating a Common Gaming House). 

Increment in punishment for subsequent offenders

The Act provides for increased punishment for habitual offenders, who are convicted either for participating in gambling or operating a gaming house. This increase in the punishment will act as a negative reinforcement for any habitual offender. 

The Act prescribes severe punishments in a manner to prevent and penalize illegal gambling operations. For running a typical gaming house, the act delineates a series of punishments for habitual offenders, starting from a minimum sentence of three months and a fine of Rs. 500 on the first offense to up to two years of imprisonment for further crimes. Being found in a typical gaming house attracts similar penalties, with first-time offenders facing a minimum of one month in jail and a Rs. 200 fine. Giving false information upon arrest can prompt a fine of up to Rs. 1000 or up to four months imprisonment if unpaid. Gambling in public or keeping a venue for animal fights in a public way is punishable with imprisonment of up to three months and with a fine of Rs. 300. In addition, the police have the power of confiscation and are provided the authority to destroy instruments used for gambling and the animals employed. Information released for facilitating gambling has also been kept at par with operating a gaming house in terms of punishment. Repeated commissioning of the offense has been provided an increased level of punishment to ensure the deterrent value of the Act.

Social impact of the act 

The Act has several social impacts; some positive and others negative. The following are the key issues:

Positive Impacts

• Reduction in problem gambling: Prohibiting typical gaming houses and public gambling reduces the availability of gambling opportunities and consequently the onset of problem gambling that carries severe personal and social results.

• Financial ruin prevention: Gambling results in huge financial losses, not only to the individual but also to the whole family. It is in this regard that the Act seeks to avoid such financial ruin by individuals through the restriction of gambling activities.

• Reduction of associated crimes: Often, one crime leads to another, meaning gambling is often accompanied by other related criminal activities. The Act helps curb gambling and, hence, related crimes.

• Public morality: The Act represents and supports the general will of society against gambling as a vice. It promotes public morality in so far as it curbs activities considered to be injurious or unethical.

• Protection of vulnerable populations: The vulnerable are groups like the economically vulnerable and young people who are more likely to yield to the thrill produced by gambling. The Act protects them by denying them such activities.

Negative Impacts

• Underground gambling: The prohibition can actually lead to gambling activities going underground, giving rise to unregulated and possibly more risky forms of gambling. At the same time, it becomes difficult for the different authorities to control and manage these activities.

• Economic impact on legal gaming ventures: Some forms of gambling, such as lotteries and horse racing, might be regulated and taxed. However, if such laws are overly restrictive, they might constrict potential revenue from these activities that could otherwise benefit the economy.

• Problems in enforcement: It is relatively resource-intensive to implement the Act effectively. There is a drain on law enforcement by the constant necessity of surveillance and raids to catch illegal gambling.

• Negative public perception towards the police: When raids and arrests due to gambling are widespread, it can build negative public perception towards the police, especially if such actions are realized to be overstretching and corrupt in nature.

• Denied recreational opportunities: Gambling is a leisure game for some individuals. The Act limits such recreational opportunities, which might bring dissatisfaction to certain people.