Arrest on playing with playing cards
AMIT KUMAR SHARMA
(Querist) 14 August 2013
This query is : Resolved
Dear Sirs,
One of my friend, he was playing with playing cards, has been arrested by constable who was below the rank of Sub Inspector. My queries are:-
a) Is this game an offence, if yes, is it cognizable offence.
b) Can he be arrested without warrant.
c) Can any police officer arrest to any one in non cognizable offence also.
Kindly advice.
amit sharma
Devajyoti Barman
(Expert) 14 August 2013
Playing is not offence but gambling is one. he must be arrested under Public Gambling Ac for which no warrant of arrest is required.
Advocate Sastry
(Expert) 14 August 2013
Please go through The Public Gambling Act 1867 and Section 5 reads as under:
Quote:
Powers to enter and authorise police to enter and search.
5. Powers to enter and authorise police to enter and search.-If the Magistrate of a district or other officer invested with the full powers of a Magistrate, or the District Superintendent of Police, upon credible information, and after such enquiry as he may think necessary, has reason to believe that any house, walled enclosure, room or place, is used as a common gaming-house,
he may either himself enter, or by his warrant authorise any officer of police, not below such rank as the State Government shall appoint in this behalf to enter with such assistance as may be found necessary, by night or by day, and by force if necessary, any such house, walled enclosure, ,room or place;
and may either himself take into custody, or authorise such officer to take into custody, all persons-whom he or such officer finds therein, whether or not then actually gaming;
and may seize or authorise such officer to seize all instruments of gaming, and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein;
and may search or authorise such officer to search all parts of the house, walled enclosure, room or place which he or such officer shall have so entered 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 or authorise such officer to seize and take possession of all instruments of gaming found upon such search.
UNQUOTE.
The Court will impose some fine and release the person arrested.
AMIT KUMAR SHARMA
(Querist) 16 August 2013
Devajyoti Ji,
How they can presume that these people are gambling if they are playing with playing cards.
Kindly provide definition of gambling.
amit
Advocate Sastry
(Expert) 16 August 2013
Dear Amit,
Please read the Public Gambling Act 1867 and what it means...
Devajyoti Barman
(Expert) 16 August 2013
The police on basis of suspicion can make arrest and press charges.
Sudhir Kumar, Advocate
(Expert) 18 August 2013
for arresting a person without warrant one police officer should be at least of the rank of constable.
Raj Kumar Makkad
(Expert) 18 August 2013
There is no question of suspicion if te chain of the investigation is complete.
