The Bombay Prevention of Gambling Act, 1887, is a colonial-era law passed to stop public gambling and the running of common gaming houses in what was then the Bombay Presidency. Even though it was passed over 130 years ago, this law is still in force today in Maharashtra, Gujarat, and a few other regions, with some modifications.
Bombay Prevention of Gambling Act 1887: What the Law Says and How It’s Used Today
At its core, the Act criminalizes:
- Running or being in charge of a gaming house
- Being found inside a gaming house
- Gambling in public places
- Keeping any instrument or record related to gambling
This law is mostly used by police to target illegal betting dens, card rooms, and online betting operations operating without licenses.
Sections 4 and 5: Punishment for Owning or Visiting a Gaming House
These two sections are the most used by the police:
- Section 4 – If you own, manage, or let out any space as a common gaming house, you can be fined up to ₹500 and jailed for up to 3 months for a first offense. Repeat offenses carry heavier penalties.
- Section 5 – If you’re found playing or betting in a gaming house, the fine can go up to ₹300 and jail time up to 1 month.
In practice, many people are booked under these two sections during police raids — even if they’re just bystanders at the time.
Gambling vs. Skill-Based Games: Where the Law Draws the Line
The 1887 Act clearly targets “games of chance,” not “games of skill.” But this line can get blurry.
The law defines “gaming” as wagering or betting on uncertain outcomes. It doesn’t apply to pure skill-based activities. That’s why games like chess or carrom don’t come under the Act. However, the moment money is bet on the outcome, even in a skill-based game, it risks falling under this law.
Courts have tried to make this clearer over the years. For example:
- The Bombay High Court in 2019 ruled that rummy, when played for stakes, may come under the Act, depending on how it’s organized.
- The Supreme Court in the 1996 Satyanarayana case ruled that rummy is a game of skill, but if betting dominates the activity, it can be considered gambling.
How the Law Deals with Online Gambling and Betting
The 1887 Act didn’t foresee the internet, obviously. But police now try to use it to go after online betting platforms, especially those dealing with IPL betting or casino-style apps that take money.
The problem is, the Act doesn’t directly cover digital gambling. So, authorities often rely on:
- Sections 4 and 5 of this Act
- IT Act 2000 for data and transaction violations
- Maharashtra Police Act for enforcement
In 2021, over 3,000 people were arrested in Maharashtra under this Act for various types of betting and illegal gaming setups, according to state police data.
Are Lotteries and Horse Racing Covered by the Act?
No. The Act doesn’t cover government lotteries. Those are regulated by the Lotteries (Regulation) Act, 1998.
Horse racing, too, has been considered a game of skill under Indian law. Betting on licensed horse races is legal under different rules and licenses, provided it’s done at racecourses or through authorized channels.
Key Criticisms of the Act
Many legal experts and activists argue that the Bombay Prevention of Gambling Act is outdated. Here’s why:
- Too broad and vague: Terms like “gaming house” are not well-defined in the digital context.
- Harsh for casual or harmless acts: Even friendly card games can be targeted under the law if money is involved.
- Doesn’t address online gambling properly: With mobile gaming and apps offering cash prizes, there’s no clear legal boundary.
- Used to harass more than enforce: In some cases, police have been known to raid homes or private parties using this law, even without solid evidence of organized gambling.
States That Still Use This Law Today
The original Act applied only to the Bombay area, but versions of it are still active in:
- Maharashtra
- Gujarat
- Goa (modified version, also allows casinos)
- Dadra and Nagar Haveli & Daman and Diu
Each state can tweak the Act or issue clarifications through notifications.
Final Thoughts: Why This 1887 Law Still Matters Today
The Bombay Prevention of Gambling Act, 1887, is old, yes, but still powerful. It’s regularly used by police to break up betting rings, seize cash, arrest gamblers, and block shady operations. But it struggles to keep up with how gambling has moved online, and how technology blurs the line between gaming and betting.
As of now, unless Parliament or the state legislatures update the law or bring in a new digital gambling framework, this old Act remains the tool the police use — even if it’s stretched to fit the modern context.
If you’re organizing games for money, running a betting app, or even hosting poker nights at home, understanding this law isn’t optional. It can — and does — get used in surprising ways.
Let me know if you’d like a downloadable checklist on how this Act is enforced or a chart showing how it compares with other gambling laws in India.
