Section 5
(1) lf the Distsict Magistrate or any other Officer invested with the powers of a Magistrate, or the District Superintendent of Police, upon credible information, and afier such enquiry, as he may think n@ssary has reason to believe that any house, room, tent, enclosure, space, vehicle, vessel or place, is used as a common gaming house, may enter either by himself or by his warrant authorized any officer of police, not below the rank of SuLlnspector to enter wth such assistance, as may be necessary by night or by day, and by force, if necessary any such house, room, tent, enclosure, space, vehicle, v6sel or place;
5 (1) lf the Distsict Magistrate or any other Officer invested with the powers of a Magistrate, or the District Superintendent of Police, upon credible information, and afier such enquiry, as he may think n@ssary has reason to believe that any house, room, tent, enclosure, space, vehicle, vessel or place, is used as a common gaming house, may enter either by himself or by his warrant authorized any officer of police, not below the rank of SuLlnspector to enter wth such assistance, as may be necessary by night or by day, and by force, if necessary any such house, room, tent, enclosure, space, vehicle, v6sel or place;
and either by himselftake into custody, or authorize such officer to take into custody all persons whom he or such officer finds therein whether or not the actually gaming;
and may seize by himself or auhorize such officer to seize all inslruments of gaming, and all monies and securities of money and article of value, which are found therein, and which are reasonably suspectd to have been used or intended to be used for the puDose of gaming ;
and may search by himself or authorize such ofrrcer to search all parts of the house, room, tent, enclosure, vehicle, vessel, space or place which he orsuch officershallhave so entercd when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody;
and may seize by himself or authonze such officer to seize and take possession of all instruments or gaming found upon such search.
When any cards, dice, gaming-tables, cloths, boards or other instruments of gaming are found in any house, room, tent, endosure, space, vehicle, vesselor place entered or searched under the provisions of section 5 of this Act or about the person of any of those who are found therein, it shall be evidence untilthe contrary is made to appea( that such house. room, tent, enclosure, space, vehrcle. vessel or phce is used as a common gaming-house and that the persons found and pre.sent therein wFre for the purpose of gaming, although no play was actually seen by the Magistrate or the polic€ officer or any of their assistants.
lf any person is found in any common gaming-house entered by any Magistrate or police officer under the provisions of this Act, upon being arrested, by any such officer or upon being brought before any magistrate, on being required by such Magistrate or officer to give his name and ddress, refuse or neglect to give the same, or give any false name or addrqss, he may upon conviction before the same or any other Magistrate be adiudged to pay penalty not exceeding live thousand rupees, together with such costs as to such Magistrate which my appear reasonable, and on non-payment of such penalty and costs, or in the first instances, if to such Magistrate it shall deem fit, may imprisoned for a term which may extend to one month.
On conviction of any person for keeping or using any such common gaming-house or b€ing present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities of money and other articles seized, not being instruments of gaming, to be sold and converted into money, and may the proceeds thereof with all monies seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the persons appearing to have been sevelally thereunto entitled.
Finding,cads, etc. in suspecfed frouses, to be evidence that such houses are comrfotl wmw houses.
Penalty on persons anested for giving false nam6s and addresses.
On conviction for keeping gaming-house, instruments of gaming to be destroyed.
Proof of playtng for slakes unnecessaty
llagistrate may rcquire any percon apprchended to be sworn and give eviden@.
lt shall not be ne@ssary an ordertoconvict any person of keeping a common gaming-house or of being concemed in the management ofany comrnon gaminghouse, to prove that any person found playing at any gaming was playing for any money, wager stake.
(1) ltshatl be lawfulfor the Magistrate, before whom '
No person so required to be examined as a witness shall be excused from being so exainined when brought before such Magistrate as aforesaid, or from being so examined at any subsequent time or by or before the same or any other Magistrate or by or before any court on any proceeding or trial in any ways relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid on the ground that his evidence will tend to incriminate himself. -
Any such person so required to be examined as a witness who refuse to take oath or take affirmation accordingly or to answer any such question as afcresaid, shall be subject to dealtwith all respects as person committing the offence described in section 178 or section 179 ( as the case may be) of the lndian Penat Code ( 45 of 1860).
11
. Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as a witness before a Magistrate on the trial ofany person for a breach of any of the provisions of this Act, relating to gaming and who, upon such examination, shall, in the opinion of the Magistrate make true and faithfuldiscovery to the best of his knowledge of the things as to'which he .shall be examined shall thereupon, receive from the Magistrate a certificate in writing to that effect, and shall be freed ffom all prosecutions under this Act for anything done before that time in respect of such gaming
12r' (1)- A police officer may, apprehend without warrantany persdn tiaming in public street, place or thoroughfare situated within the Shte of Arunachal Pradesh, or any person setting birds or animals to fight in any public street, place or thoroughfare situated within the State ofArunachal Pradesh; or
any person presenttherein, aiding and abetting gich public gaming or fighting of birds and animals, sucl' person when apprehended shall be brought with.Jut delay before a Magistrate and shall be liable to imprisonment for a term which may extend to three months and shall also be liable to a fine which may extend to ten thousand rupees or with bolh; and
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such police officer may seize all instruments of gaming found in such pub c stre€t, place or thoroughfare of the person of those whom he shall so arrest and the Magistrate may, on conviction of g
(1) This Act does not include any game whrch rs being played occasionally without involving any money and merety for the sake of ent€rtainment or any game pldyed for specific period on the eve of any festival after obtaining due permission from the competent authority.
Witness indemnilied
Gaming and sefting bitds and animals tc ".ht in
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:( pu. str€.
.
Exemption of games of mere skill.
Offences 14 by whom tiable.
Penalty 15 forsubsequent ofrence.
Portion of 16 fine may be paid to the hformer.
Provided that the District Magistrate may, taking into account the provisions of thisAct, dispose of the application seeking permission for a game to be played within their jurisdiction.
Offences under this Act shall be kiable by any Magistrate
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having iurisdiction in the place where the offence is committed. However, such Magistrate shall be restrained within the limits of his jurlsdiction under the Code of Criminal Procedure, 1973 as to the amount ot fine or imprisonment he may inflict.
Whoever, having been convicted of an offence punishable under sections 3 and 4 of this Act, again is found guilty of any offence punishable undereither sections shall be subject for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description.
The Magistrate trying the case may direct any portion of any fine which shall be,levied under section 3 or section 4 or section 15 of thisAct, or any part of the monies or proceeds or afticles seized and ordered to be forfeited under this Act, to b'e paid to the informer.
Recovety of fines.