Section 3(1)
Any person who opens, keeps, operates, or uses or permits to be used any common gaming house or online gaming or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable—

Section 3(1)(i) — First Offence

• Imprisonment for a term which may extend to one year; and
• Fine which may extend to ₹5,000.

Proviso/qualification under Section 3(1)(i):
In the absence of special reasons to be recorded in writing, the punishment awarded shall be:

• Imprisonment for not less than three months; and
• Fine of not less than ₹3,000.

Section 3(1)(ii) — Subsequent Offence

For every subsequent offence:

• Imprisonment for a term which may extend to two years; and
• Fine which may extend to ₹10,000.

In the absence of special reasons to be recorded in writing, the punishment shall be—

Section 3(1)(ii)(a) — Second Offence

• Imprisonment for not less than six months; and
• Fine of not less than ₹5,000.

Section 3(1)(ii)(b) — Third or Subsequent Offence

• Imprisonment for not less than one year; and
• Fine of not less than ₹10,000.

Explanation to Section 3

For the purpose of this section, the expression “person” includes:

1. The owner of the place used as a common gaming house; or
2. The occupier of the place used as a common gaming house; and
3. Where the place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place.

Section 3(2)

It shall not be necessary, in order to convict any person for:

• opening,
• keeping,
• using,
• permitting the use of a common gaming house, or
• being concerned with the care or management of a common gaming house,

to prove that any person found therein was gaming for money, wager, bet or stake.