Section 4   [ View Judgements ]

“PLACE” DEFINED KEEPING COMMON GAMING HOUSE


1[(1) Whoever

(a) 2[opens, keeps or uses any house, mom or place), for the purpose, of a common gaming house.

(b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,

(c) has the care or management of, or in any manner assists in conducting the business of any such house, room, or place opened, occupied, kept or used for the purpose aforesaid,

(d) advances or furnishes money for the purposes of gaming with persons frequenting any such house room or place.

3[4[ on conviction, be punished with imprisonment 5[which may extend to two years] 6[and may also be punished with fine]:



1. Sec 4 was renumbered as sub-section (1), ibid., s.3.

2. These words were substituted by Bom. 2 of 1941, s.3 read with Born. 37 of 1947,s.2.

3. This portion was substituted by Bom. 37 of 1947. S. 3.

4 These words were substituted for the words “shall, on conviction, be punishable” by Mah 28 of 1967, s.2.

5. These words were substituted for the words “which may extend to six months by Mah. 20 of 1975, s.3(i).

6. These words were substituted for the words “and with fine’ by Mah.28 of 1967. S 2.



Provided that: -

(a) for a first offence such imprisonment shall not be less than 1[three months and fine shall not be less than five hundred rupees;]

(b) for a second offence such imprisonment shall not be less than 2[six months and fine shall not be less than one thousand rupees; and]

(c) for a third or subsequent offence such-imprisonment shall not be less than 3 year and fine shall not be less than two thousand rupees.]

4[(2)Nothing contained in the provisions of the Probation of Offenders Act, 1958, or in sub-sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973, shall apply to any person convicted under this section.



1. This portion was substituted for the portion beginning the words “one month” and ending with the words “two hundred rupees” by Mah. 20 of 1975, s. 3(ii)(a).

2. This portion was substituted for the portion beginning with the words “three months” and ending with the words “two hundred rupees and,” ibid., s. 3(b).

3. This portion was substituted for the portion beginning with the words “six months” an ending with the words “two hundred rupees” ibid., a. 3(c). -

4. Sub-section (2) was inserted, ibid., s. 3(iii).



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