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Section 13 of The Public Gambling Act, 1867

Gaming and setting birds and animals to fight in public streets.

A police-officer may apprehend without warrantany 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; Destruction of instruments of gaming found in public street.—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 conviction of the offender order such instruments to be forthwith destroyed.

Summary

A police officer can arrest people for gambling in a public street without a warrant.
It is a crime to play for money or valuables with cards, dice, or other tools in a public thoroughfare.
Setting birds or animals to fight in public places is prohibited.
Aiding or encouraging public bird or animal fights is also an offense.
Gambling tools found in public or on the arrested person can be seized and destroyed.

Practical examples

1On June 12, 2024, Arjun and Vikram are caught playing a game of dice for 200 rupees on a busy sidewalk in the city center. A passing police officer arrests them immediately without needing a warrant.

2In a public park on a Sunday afternoon, Meena is found organizing a fight between two roosters while a crowd watches. The police arrest Meena and several people who were actively cheering and placing bets on the birds.

3A police officer spots a group using a marked cloth to run a betting game on a public road. The officer seizes the cloth and the cards used, and after the offenders are convicted, a Magistrate orders these items to be burned.

FAQ

1. Do the police need a warrant to arrest someone for public gambling?

No, under this section, a police officer can apprehend an offender without a warrant if they are found gambling in a public street or place.

2. Does this law apply to games of skill?

No, the law specifically excludes games of mere skill from being treated as illegal public gambling.

3. Can the police take away the cards or dice found during a street arrest?

Yes, a police officer may seize all instruments of gaming found in the public place or on the person of those arrested.

Test yourself

1.Under Section 13 of The Public Gambling Act, 1867, who is authorized to arrest a person without a warrant for public gambling?

2.What is the maximum term of imprisonment allowed under Section 13 of The Public Gambling Act, 1867 for public bird fighting?

3.According to Section 13 of The Public Gambling Act, 1867, what can happen to gambling tools after an offender is convicted?

4.Which of the following is NOT an offense under Section 13 of The Public Gambling Act, 1867?

5.Under Section 13 of The Public Gambling Act, 1867, where must the gambling occur for this specific section to apply?

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