Section 5 in The Bombay Prevention of Gambling Act, 1887
5. Gaming in common gaming houses.
- [Whoever is found in any common gaming-house gaming or present for the purpose of gaming, [shall, on conviction, be punishable with imprisonment [which may extend to nine months] [This paragraph was substituted by Bombay 6 of 1919, section 3.] and with fine:Provided that-(a)for a first offence such imprisonment shall not be less than [two months and fine shall not be less than three hundred rupees] [Substituted for 'one month and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990];(b)for a second offence such imprisonment shall not be less than [four months and fine shall not be less than three hundred rupees] [Substituted for 'three months and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]; and(c)for a third or subsequent offence such imprisonment shall not be less than [nine months and fine shall not be less than three hundred rupees] [Substituted for 'six months and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990].]Any person found in common gaming-house during any gaming [***] [The words 'or playing' were repealed by Bombay 6 of 1919, section 3.] therein shall be presumed, until the contrary [is proved] [These words were substituted for the words 'be made to appear' by Bombay 1 of 1936, section 4 (3).], to have been there for the purposes.
