(1) Whoever is found gaming or reasonably suspected to be gaming in any public street or thoroughfare or in any place to which the public have, or are permitted to have access, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.

(2) Whoever is found setting any birds or animals to fight or is reasonably suspected to be aiding or abetting such fighting of birds or animals in any public street or thoroughfare or in any place to which the public have, or are permitted to have access, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.

Section 9 of the Telangana Gaming Act, 1974 deals with gaming in public places and the setting of birds or animals to fight. The provision is intended to prevent public gambling as well as organised animal or bird fights in places accessible to the public.

What Does Section 9 Provide?

Under Section 9(1), a person who is found gaming, or is reasonably suspected of gaming, in a public street, thoroughfare or any place to which the public have or are permitted to have access may be punished with imprisonment up to six months, a fine up to ₹5,000, or both.

Similarly, Section 9(2) applies to a person who sets birds or animals to fight, or who is reasonably suspected of aiding or abetting such fighting, in a public street, thoroughfare or publicly accessible place. The punishment is likewise imprisonment up to six months, a fine up to ₹5,000, or both. These penalties reflect the substituted Section 9 introduced by the Telangana Gaming (Amendment) Act, 2017.

Section 10 further empowers police officers to arrest and search, without warrant, persons covered by Section 9 and to seize money, gaming instruments, birds or animals connected with the alleged activity.

Important Judgments

In Gampamanohar & Others v. State (2022), the Telangana High Court quashed proceedings under Section 9(1) where the accused were allegedly playing cards inside a private house. The Court observed that Section 9(1) concerns gaming in a public street, thoroughfare or place accessible to the public; therefore, on the facts before it, the provision was not attracted.

In Mlas’ Colony Residents Welfare Association v. State of Telangana, the High Court discussed the scheme of the Act and observed that gaming activity in a public street or public place is prohibited, while also recognising the statutory treatment of games of skill under the Act.

In Narahari Jagadish Kumar v. State of Andhra Pradesh (2016), while considering cockfighting, the Court emphasised that setting birds or animals against each other for fighting falls within Section 9(2), and highlighted the statutory responsibility of police to prevent such activities.

Legal Note: Application of Section 9 depends significantly on the nature of the activity and whether the alleged conduct occurred in a public or publicly accessible place.