Bombay Prevention of Gambling Act 1887 (as amended in 2012): What It Means, How It Works, and Why It Still Matters

The Bombay Prevention of Gambling Act, 1887, is Maharashtra’s main anti-gambling law. While it was originally passed during the British colonial era, it was amended in 2012 to deal with newer forms of gambling, especially those happening online and through mobile phones. If you’re trying to understand what this law does, who it applies to, what the 2012 amendment changed, and how it affects online betting or casual gaming apps, this post gives you everything you need to know.

What the Bombay Prevention of Gambling Act Does

At its core, the law makes most forms of gambling illegal unless they’re specifically exempted.

It defines gambling broadly as wagering or betting for profit, whether it’s done in a physical place (like a gambling den) or remotely (like through a mobile app). The main targets are:

• Operating or visiting a “common gaming house” 
• Being found gambling in such a place 
• Owning or managing a space used for gambling 

The law criminalizes not just the gambling itself, but also facilitating it, providing the venue, or even advertising it.

What Changed with the 2012 Amendment?

The 2012 amendment to the Act was driven by the rise of online and electronic gambling. Here’s what it brought to the table:

• Mobile phones, computers, and internet platforms were explicitly included under the scope of the law. 
• Any act of gambling using communication technology, including text messages, apps, websites, or social media, could now lead to punishment. 
• It gave more teeth to enforcement, allowing police to take action against digital gambling networks operating across the state. 

This made it clear that online betting is not a loophole, it’s covered under the law.

Is All Gambling Illegal Under This Act?

No, not all gambling is banned. The law makes a clear distinction between “game of chance” and “game of skill”.

Here’s how the law sees it:

• Games of pure chance: Banned. 
• Games of skill (like rummy or horse racing): Allowed, as long as there’s no illegal betting ring involved. 

This distinction is crucial. Courts in India have repeatedly upheld that skill-based games are legal, even if there’s money involved, provided the skill element is dominant.

What Are the Penalties If You Break This Law?

Penalties vary depending on your role in the activity:

Police also have the power to seize equipment, devices, and money linked to the gambling activity.

What Counts as a Common Gaming House?

A “common gaming house” isn’t just a casino. According to the law, it can be any place where people gather to gamble, even a rented flat or café. It doesn’t matter if the place is public or private—if gambling is going on there, and it’s not for skill-based games, it’s illegal.

Even virtual spaces, like online groups, chat rooms, or mobile app rooms, may qualify as “common gaming platforms” after the 2012 changes.

Does This Law Apply to Fantasy Sports or Online Games?

Here’s where it gets tricky.

• Fantasy sports: Courts have ruled that fantasy cricket or fantasy football can be legal if the outcome depends on skill, like team selection and knowledge of players. 
• Online poker/rummy: These are often allowed in some states but face crackdowns in others, depending on how the courts interpret “skill vs chance.” 
• Lottery and horse racing: These are specifically exempted under state-authorized setups. 

Still, if any real-money game is set up in a way that’s mostly chance-based, or if betting is run through unauthorized apps, it can be illegal under this Act.

Who Enforces the Act and How?

The Act gives wide powers to the police. They can:

• Enter and search premises without a warrant if they believe gambling is happening. 
• Seize money, materials, devices, and make arrests. 
• Even digital evidence, like chat records, transaction logs, or screenshots, can now be used to prosecute under the updated rules. 

Cybercrime units are now involved when the case involves mobile betting or online gambling apps.

What This Means for Users of Betting Apps or Fantasy Sports Platforms

If you’re using apps like Dream11, MPL, or online poker platforms, here’s what to watch out for:

• Is the platform registered and legally compliant? 
• Is the game based on skill, and can you prove that? 
• Are you participating in a private, casual game, or one that involves third-party profit? 

Even though some platforms operate in a grey area, the Bombay Prevention of Gambling Act can still be used to charge users, especially if the money flow appears to be for profit and the game is chance-based.

Parting Note: Why This 1887 Law Still Matters in 2025

Even though the Bombay Prevention of Gambling Act was first passed in 1887, the 2012 amendments made it directly relevant to today’s digital world.

It’s one of the toughest gambling laws in India, especially after expanding to cover mobile and online gambling. While it makes room for games of skill, the definition of legality depends on the context, the format of the game, and how money is involved.

So, whether you’re a casual gamer, betting app user, developer, or just curious, this is one law that still packs a punch and if you’re not careful, you could land in serious legal trouble without even knowing it.