Section 12 in The Bombay Prevention of Gambling Act, 1887
12. Power to arrest without warrant for gaming and setting birds and animals to fight in public streets.
- A Police Officer may apprehend [and search] [These words were inserted by Bombay 1 of 1936, section 9(1).] without warrant-(a)any person found [gaming] [This word was substituted for the words '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' by Bombay 6 of 1919 section 7.] [or reasonably suspected to be gaming] [These words were inserted by Bombay 1 of 1936, section 9(2).] in any public street, [or thoroughfare, or in any place to which the public have or are permitted to have access] [These words were substituted for the words 'place or thoroughfare' by Schedule I, part II Serial No.14 of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] [or in any race-course] [These words were added by Bombay 5 of 1922, section 4.];(b)any person setting any birds or animals to fight in any public street, [or thoroughfare, or in any place to which the public have or are permitted to have access] [These words were substituted for the words 'place or thoroughfare' by Schedule I, part II Serial No. 14 of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).];(c)any person there present aiding and abetting such public fighting of birds and animals;Any such person shall, on conviction, be [punished both with fine] [Substituted for 'punishable with fine' by Gujarat 20 of 1990, dated 19th December 1990] which may extend to [three hundred rupees] [These words were substituted for the words 'fifty rupees' by Bombay 1 of 1936, section 9(4).], [and with imprisonment] [These words were substituted for the words 'or with imprisonment' by Gujarat 16 of 1972, section 5.] which may extend to [three months] [These words were substituted for the words 'one month' by Bombay 1 of 1936, section 9(5).] [and where such gaming consists or wagering or betting or of any such transaction as is referred to in the definition of gaming given in section 3, any such person so found gaming shall, on conviction, be [punished in the manner] [These words were added by Bombay 5 of 1922 section 4.] and to the extent referred to in section 4, and all moneys found with such person shall be forfeited.]Seizure and destruction of instruments found: - And such Police Officer may seize all birds and animals and [things reasonably suspected to be instruments of gaming] [These words were substituted for the words 'instruments of gaming' by Bombay 1 of 1936 section 9(6).] found in such public street [thoroughfare] [These words were substituted for the words 'place or thoroughfare' by Schedule I, Part II, Serial No. 14 of the Bombay Repealing and Amending Act 1910 (Bombay 1 of 1910).], [place or race-course] [These words were substituted for the words 'or place' by Bombay 5 of 1922 section 4.], or on [or about] [These words were inserted by Bombay 1 of 1936, section 9(6).] 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, and such birds and animals to be sold and the proceeds forfeited, [When any thing has been found on or about any person and a court is satisfied that the Police Officer had reasonable grounds for suspecting that such thing was an instrument of gaming, such circumstance shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about whom the thing was found was present for the purpose of gaming.] [This paragraph was added by Bombay 1 of 1936, section 9(7).]
