Cognizable Nature of Section 13 of Public Gambling Act, 1867

Source: Allahabad High Court 

Why in News? 

Justice Vivek Kumar Singh of the Allahabad High Court in the case of Kamran v. State of U.P. and Another (2025) dismissed an application seeking to quash proceedings under Section 13 of the Public Gambling Act, 1867, holding that it constitutes a cognizable offence where police can investigate without prior magisterial permission. 

What was the Background of Kamran v. State of U.P. and Another (2025) Case? 

• An FIR was lodged on 08.12.2019 at Police Station Sikandara, District Agra, as Case Crime No.1025 of 2019, under Section 13 of the Public Gambling Act, 1867. 
• The applicant and co-accused were arrested by police while allegedly playing cards in a park, and Rs.750/- was recovered from their possession. 
• The Investigating Officer recorded statements of the informant and witnesses and submitted a chargesheet on 21.12.2019 under Section 13 of the Gambling Act. 
• The learned Magistrate took cognizance of the offence vide order dated 24.02.2020. 
• The applicant filed an application under Section 528 BNSS to quash the entire proceedings, chargesheet, and summoning order. 
• The applicant's counsel argued that under Section 13 of the Gambling Act in Uttar Pradesh, the maximum punishment for first offence is rigorous imprisonment for one month and fine not exceeding Rs.250, making it a non-cognizable offence. 
• The counsel relied on Schedule I Part II of the Code of Criminal Procedure, 1973, which classifies offences punishable with imprisonment for less than three years as non-cognizable, bailable, and triable by Magistrate. 
• The State counsel opposed the application, arguing that Section 13 of the Gambling Act is a cognizable offence, distinguishing it from Sections 3/4, and that FIR registration and investigation by police were legally valid. 

What were the Court's Observations? 

• The Court noted that the chargesheet was filed under Section 13 of the Gambling Act with maximum punishment of one month imprisonment and fine not exceeding Rs.250 for first offence in Uttar Pradesh. 
• The Court observed that Uttar Pradesh had enhanced the sentence in Section 13 through U.P. Act No.21 of 1961 (effective from 07.09.1961). 
• Under the amended Section 13 for Uttar Pradesh, first offenders face a fine between Rs.50 and Rs.250 and may be awarded rigorous imprisonment for up to one month, while subsequent offences carry a fine between Rs.100 and Rs.500 and rigorous imprisonment between one month to six months. 
• The Court emphasized that the language of Section 13 begins with "a police officer may apprehend without warrant," clearly indicating police authority to arrest without warrant. 
• The Court held that in cognizable offences, a police officer may arrest any person without warrant, whereas in non-cognizable offences, a police officer has no right to arrest without warrant. 
• The Court concluded that since Section 13 of the Gambling Act authorizes police officers to arrest without warrant, it cannot be classified as a non-cognizable offence. 
• The Court held that police have authority to register FIR and investigate matters under Section 13 of the Gambling Act, and the learned Magistrate did not commit any illegality or irregularity in taking cognizance on police report. 
• The Court dismissed the application for lacking merit, finding that the judgments relied upon by the applicant were entirely different on facts. 
• The Court directed the trial court to conclude the trial expeditiously, preferably within three months from the date of production of certified copy of the order, keeping in mind the punishment for the offence. 

What is the difference between Cognizable and Non-Cognizable Offences? 

• Section 2(c) of CrPC (Section 2(1)(g) of BNSS) defines "cognizable offence" as an offence for which a police officer may, in accordance with the First Schedule or under any other law, arrest without warrant. 
• Section 2(l) of CrPC (Section 2(1)(o) of BNSS) defines "non-cognizable offence" as an offence for which a police officer has no authority to arrest without warrant. 

What is the Public Gambling Act, 1867? 

About: 

• The Public Gambling Act, 1867 is a colonial-era law that prohibits public gambling and the operation of common gaming houses in India. It remains in force with state amendments. 

Key Definition: 

• A "common gaming house" is any premises where gambling instruments (cards, dice, tables) are kept or used for the profit of the owner, whether through charging for use of equipment or the premises itself. 

Major Provisions: 

Penalties for Operators (Section 3): 

• Owner/occupier who operates a gambling house. 
• Anyone who knowingly permits their property to be used for gambling. 
• Anyone who manages or assists in running gambling operations. 
• Anyone who finances gambling activities. 
• Punishment: Fine up to ₹200 or imprisonment up to 3 months. 

Penalties for Gamblers (Section 4): 

• Anyone found gambling or present for gambling purposes in a gaming house. 
• Presumption: Anyone found in a gaming house is assumed to be there for gambling unless proven otherwise. 
• Punishment: Fine up to ₹100 or imprisonment up to 1 month. 

Police Powers (Sections 5-6): 

Magistrates or senior police officers can: 

• Enter and search suspected gambling premises (day or night, using force if necessary). 
• Arrest everyone presents, whether actively gambling or not. 
• Seize all gambling instruments, money, and valuables. 
• Finding gambling equipment is evidence that the place is a gaming house. 

Other Important Provisions: 

• False identity (Section 7): Penalty up to ₹500- or 1-month imprisonment. 
• Destruction of equipment (Section 8): Confiscated gambling instruments must be destroyed. 
• No proof of stakes required (Section 9): Conviction doesn't require proving people gambled for money. 
• Witness protection (Section 11): Informers who testify truthfully are immune from prosecution. 
• Games of skill exempted (Section 12): The Act doesn't apply to games based purely on skill. 

Public Gambling (Section 13): 

Police can arrest without warrant anyone: 

• Gambling in public places (streets, thoroughfares) with games not based on skill. 
• Setting animals/birds to fight in public. 
• Punishment: Fine up to ₹50 or imprisonment up to 1 month 

State Amendments: 

Uttar Pradesh added provisions for: 

• Compounding offences: Special officers can settle cases out of court 
• Abatement of trials: Certain pending minor gambling trials from before December 31, 2015, were discontinued