Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 5 - Bare Act

¹[Whoever is found in any common gaming-house gaming or present for the purpose of gaming, ²[³[ shall on conviction be punished ] with imprisonment which may extend to six months ⁴[and may also be punished with fine ] :

Provided that--

(a) for a first offence such imprisonment shall not be less than one month and fine shall not be less than two hundered rupees;

(b) for a second offence such imprisonment shall not be less than three months and fine shall not be less than two hundred rupees; and

(c) for a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than two hundred rupees.]

Any person found in any common gaming-house during any gaming ⁵* * therein shall be presumed, until the contrary ⁶[ is proved ], to have been there for the purpose of gaming.

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1 This paragraph was substituted by s. 3 of the Bombay Prevention of Gambling (Amendment) Act, 1919 (Bom. 6 of 1919).

2 This portion was substituted by Bom. 37 of 1947, s. 4.

3 These words were substituted for the words " shall on conviction, be punishable " by Mah. 28 of 1967, s. 3.

4 These words were substituted for the words " and with fine ", ibid.

5 The words "or playing" were repealed by s. 3 of the Bombay Prevention of Gambling (Amendment) Act, 1919 (Bom. 6 of 1919).

6 The words " is proved " were substituted for the words " be made to appear " by Bom. 1 of 1936, s. 4 (3).