ThA case was filed against seven people who were arrested in a lottery case from a lodge in Ruvananthapuram. There was a big discussion in the social media about whether to file a case for doing such a thing. Generally, in Kerala, there is a tendency to play with money in ‘Rummy’ and ‘Poker’ category of card games. What exactly are the legal aspects behind this case? Why was the case filed? Know in detail
The Thiruvananthapuram Museum police arrested seven people in the lottery incident the other day and a case has been registered against the 9 people who were arrested. The police raided Trivandrum Club, the main club of the rich in the city, following a tip-off that they were playing cards with money in quarters number five. More than five and a half lakh rupees were seized from here.
The summary of the charge in the FIR is as follows
It may be doubted whether the gambling of money was trivial or something which the State could pretend not to have seen. Let’s check its legal background.
Against over-profitable tendencies in games
The government is not banning gambling for entertainment. It seeks to eliminate the conditions that lead to criminal activities for money. Gambling for money or valuables has taken place in legends. Draupadi was lost to the Pandavas when the gambling game with the Kauravas transgressed the limits. Governments worry that if any gamer goes ahead to achieve the ‘goal’ of that game money, it will lead to huge financial losses, disruption of personal – friendship – family relationships and subsequent breakdown of law and order.
In 1867, the British brought a law in the country in general. It became known as ‘The Public Gambling Act’. Criminalized the operation of betting houses or such games and the visit of persons thereto. The punishment was a maximum fine of Rs 100 to Rs 200 and a maximum imprisonment of three months.
Legislation was enacted by states in various presidencies and later after independence. States have also curbed malicious tendencies in indigenous gaming practices existing in their territories. The general objectives found in all these laws are the same. First of all, the departments say legal action against those who provide facilities for gambling. Secondly, it is an offense to advertise and attract gambling in public places. The ‘Madras Gaming Act’ of 1930 in the British Madras Presidency was in effect in the Malabar region of Kerala.
Kerala Gaming Act, 1960
This law came into force in the state after the formation of Aikya Kerala. The provisions of this have also been used by the police in the Trivandrum Lodge case mentioned at the beginning. In the first sub-section of section 2 ‘common gaming house’ or ‘common playing place’ is defined. This includes house, tent, vehicle or boat. According to Section 5, a Magistrate or a police officer not below the rank of Inspector may conduct a search or inspection of such playground on the basis of reliable information received. They can also send subordinate officers in writing to carry out such inspection, which can be done with or without a warrant. The Mahsar will prepare all the cards, different types of cards, rugs, playing boards, dice and money.
Section 7 states that it is an offense to knowingly prepare a place for the operation of a public gaming place, to prepare tables and chairs there, to set up money for lottery tickets, and to collect and keep them. Fine which may extend to Rs.500 or imprisonment which may extend to 3 months or both. Section 8 states that you can be charged if you are found in a public play area. The law sees it as you are here for this kind of money game. * May be punished with fine which may extend to Rs.200 or imprisonment which may extend to one month. If it can be proved that he did not get involved in the game, he will be acquitted in the case. In the 1999 case of Anthudu v. State of Kerala, the High Court had observed that innocent non-cash gambling in a private residence could not be treated as gambling in a public place and the case could not be entertained.
Reward for information
Finally something interesting. There is provision for a small reward for giving information to the police about gambling. If the culprits pay the fine, half of it belongs to the person who gave the information and the policemen who investigated the case. The Magistrate who is the trial judge levying the fine will direct the local Superintendent of Police to distribute this reward amount to the claimants accordingly.
In short, the law does not seek to eliminate the pastime of gambling. The state is controlling the criminal guilt of at least some people to make excessive profits through various games of luck and fortune, which vary from playing cards or subverting intelligence and athletic prowess.
(The writer is a lawyer in the High Court)
2023-10-05 11:30:00
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