Section 7: Provisions of sections 4 and 6 not to apply in certain cases.

Nothing in the Explanation to section 4, or in section 6 shall apply to persons found in a premises or place belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, unless such persons are actually found gaming or facilitating such gaming in any manner in such premises or place.

Explained :

Section 7 of the Telangana Gaming Act, 1974 provides a specific protection for persons found in premises belonging to or occupied by a club, society, company or other association of persons. The provision was substituted by the Telangana Gaming (Amendment) Act, 2017 (Act No. 29 of 2017).

What does Section 7 provide?

Section 7 states that the Explanation to Section 4 and Section 6 will not apply to persons found in premises belonging to or occupied by a club, society, company or other association, whether incorporated or not, unless such persons are actually found gaming or facilitating gaming in that premises.

In simple terms, merely being present in a club or association where gaming-related articles may be found does not automatically make a person liable under the presumptions contained in Sections 4 and 6. The prosecution must establish actual gaming or facilitation of gaming.

Importance of Section 7

Section 6 generally creates a presumption that where instruments of gaming are found during a search, the place is being used as a common gaming house and that persons found there were present for gaming. Section 7 limits the operation of this presumption in relation to clubs, societies and similar associations.

Therefore, Section 7 is important because it prevents a person from being prosecuted merely because he or she happens to be present in a club or association. However, the protection is not absolute. If a person is actually found gaming or facilitating gaming, Section 7 does not provide immunity.

Important Judgments

Janata Recreation Centre, Gullapalli v. State of A.P. (1979) – The Andhra Pradesh High Court examined Section 7 and observed that it operates as a protection for persons found in clubs and similar establishments. The Court emphasized that mere presence in a club, including possession of ordinary playing cards, does not by itself establish the offence; actual gaming must be proved in circumstances where Section 7 applies.

D. Krishna Kumar v. State of A.P. (2002) – The Andhra Pradesh High Court considered proceedings involving the Elite Club and games of rummy. The judgment discussed Section 7 in the overall statutory scheme and also examined the distinction between gaming and games predominantly involving skill.

Tholem Narsimha Rao v. P.P., Hyderabad (2022) – The Telangana High Court considered proceedings under Sections 3 and 4 of the Gaming Act and discussed the requirements for establishing a common gaming house and the statutory presumptions connected with gaming offences.

Conclusion

Section 7 of the Telangana Gaming Act, 1974 strikes a balance between preventing illegal gaming and protecting persons who are merely present in legitimate clubs, societies or associations. The crucial point is that mere presence is not enough where the statutory protection applies; actual gaming or facilitation of gaming must be established.