Section 6: Instruments of Gaming as Evidence of a Common Gaming House

Where any instruments of gaming are found in any place entered or searched, on or about the person found therein, it shall be presumed that such place is used as a common gaming house and that the persons found therein were present there for the purpose of gaming although no gaming was actually seen by the police officer or any of his assistants.

Explained:

This provision was substituted by Act No. 29 of 2017. The amendment also expanded the definition of “instruments of gaming” to include electronic and digital records and proceeds connected with gaming.

How Section 6 Operates

The section creates a presumption rather than making the discovery of gaming instruments by itself a separate offence. Where such instruments are found during a lawful search, the Court may presume that the premises were being used as a common gaming house and that persons present were there for gaming.

However, Section 7 provides an important exception. The presumption under Section 6 does not apply to persons found in premises belonging to or occupied by a club, society, company or association unless they are actually found gaming or facilitating gaming.

Important Judicial Decisions

In Pendam Narender v. State, the Telangana High Court discussed the evidentiary presumption associated with gaming instruments and the requirements for establishing a common gaming house.

In Tholem Narsimha Rao v. P.P., Hyderabad (2022), the Court considered the statutory presumption arising from the seizure of gaming instruments and referred to the principle that such seizure can provide the basis for the presumption when the statutory requirements are satisfied.

More recently, in A.V.C. Mohan v. State of Telangana (2025), the Telangana High Court examined proceedings under Sections 3 and 4 and emphasized that the prosecution must establish the legal requirements for treating premises as a “common gaming house.”

Conclusion

Section 6 therefore strengthens the prosecution’s case by creating a statutory presumption from the discovery of gaming instruments, but the presumption must be understood together with the definitions, search provisions and exceptions contained in the Telangana Gaming Act, 1974.