The Gujarat Prevention of Gambling Act 1887 MCQ Quiz - Objective Question with Answer for The Gujarat Prevention of Gambling Act 1887 - Download Free PDF

Key Points

• Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court of India.
• Article 124 (5) explicitly mentions provisions relating to the conduct and removal of judges of the Supreme Court.
• The term 'misconduct' includes criminal misconduct as defined in the Prevention of Corruption Act.
• This article lays down the procedures for the removal of a judge on the grounds of proven misbehavior or incapacity.

Additional Information

• Article 124 (3)
  • This article specifies the qualifications required for appointment as a judge of the Supreme Court of India.
  • It includes criteria such as being a citizen of India and having served as a judge of a High Court for at least five years.
• Article 124 (1)
  • This article declares the establishment of the Supreme Court of India.
  • It states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other Judges.
• Article 124 (7)
  • This article deals with the prohibition on judges of the Supreme Court from pleading or acting in any court or before any authority within the territory of India after their retirement.
• Prevention of Corruption Act
  • This act was enacted to combat corruption in government agencies and public sector businesses in India.
  • It defines what constitutes criminal misconduct and lays down punishments for such offenses.

The correct answer is Option 2

Key Points  Section 12A of The Gujarat Prevention of Gambling Act empowers a police officer to arrest without a warrant any person who prints, publishes, sells, distributes, or circulates any newspaper, news-sheet, or document intended to aid or facilitate gambling activities. The section also allows police to enter and search premises for seizing materials related to illegal gaming.

The correct answer is Option 2

Key Points Section 9 explicitly states that to secure a conviction under Sections 4 and 5, it is not necessary to show money changed hands or that any stake was involved.
This significantly lowers the burden on the prosecution regarding proof of financial involvement, focusing instead on the existence of prohibited gaming activities themselves.

The correct answer is that the premises were used as a common gaming-house and persons present were gaming.

Key Points

• Section 7 of the Bombay Prevention of Gambling Act, 1887 (The Gujarat Prevention of Gambling Act, 1887):
  • This section deals with the legal presumption regarding the seizure of gaming instruments.
  • When any instrument of gaming is seized during a raid, it is presumed that the premises where the instrument was found is being used as a common gaming-house.
  • The presence of such instruments indicates that the individuals found on the premises are engaged in gaming activities, unless proven otherwise.

Additional Information

• The instrument is counterfeit:
  • This option is incorrect as Section 7 does not deal with the authenticity or counterfeit nature of the gaming instrument.
  • The focus of Section 7 is on the use of the premises for gaming purposes, not the authenticity of the instruments.
• The instrument was legally acquired:
  • This option is incorrect because Section 7 does not concern itself with the legality of acquiring the gaming instrument.
  • The section is more concerned with the implication of the premises being used for gaming when such instruments are found.
• The gaming activities were approved by local authorities:
  • This option is incorrect as Section 7 does not address the approval of gaming activities by local authorities.
  • Section 7 presumes the illegality of the premises being used for gaming unless proven otherwise.

The correct answer is 'Imprisonment for at least two months and fine of ₹300'

Key Points

• Minimum Punishment under the Bombay Prevention of Gambling Act, 1887:
  • The Act is designed to prevent gambling in common gaming-houses.
  • Section 5 of the Act specifies the minimum punishment for a first offense.
  • The prescribed minimum punishment for a first-time offender is imprisonment for at least two months and a fine of ₹300.

Additional Information

• Other Punishment Options:
  • Option 1:
    • This option mentions imprisonment for at least one month and a fine of ₹100.
    • It is incorrect as the prescribed minimum is higher in both imprisonment duration and fine amount.
  • Option 3:
    • This option mentions imprisonment for at least six months and a fine of ₹1,000.
    • It is incorrect as it exceeds the minimum punishment prescribed under the Act.
  • Option 4:
    • This option mentions imprisonment for at least one year and a fine of ₹2,000.
    • It is incorrect as it is significantly more severe than the minimum punishment prescribed.

Key Points

• Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court of India.
• Article 124 (5) explicitly mentions provisions relating to the conduct and removal of judges of the Supreme Court.
• The term 'misconduct' includes criminal misconduct as defined in the Prevention of Corruption Act.
• This article lays down the procedures for the removal of a judge on the grounds of proven misbehavior or incapacity.

Additional Information

• Article 124 (3)
  • This article specifies the qualifications required for appointment as a judge of the Supreme Court of India.
  • It includes criteria such as being a citizen of India and having served as a judge of a High Court for at least five years.
• Article 124 (1)
  • This article declares the establishment of the Supreme Court of India.
  • It states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other Judges.
• Article 124 (7)
  • This article deals with the prohibition on judges of the Supreme Court from pleading or acting in any court or before any authority within the territory of India after their retirement.
• Prevention of Corruption Act
  • This act was enacted to combat corruption in government agencies and public sector businesses in India.
  • It defines what constitutes criminal misconduct and lays down punishments for such offenses.

Key Points

• Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court of India.
• Article 124 (5) explicitly mentions provisions relating to the conduct and removal of judges of the Supreme Court.
• The term 'misconduct' includes criminal misconduct as defined in the Prevention of Corruption Act.
• This article lays down the procedures for the removal of a judge on the grounds of proven misbehavior or incapacity.

Additional Information

• Article 124 (3)
  • This article specifies the qualifications required for appointment as a judge of the Supreme Court of India.
  • It includes criteria such as being a citizen of India and having served as a judge of a High Court for at least five years.
• Article 124 (1)
  • This article declares the establishment of the Supreme Court of India.
  • It states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other Judges.
• Article 124 (7)
  • This article deals with the prohibition on judges of the Supreme Court from pleading or acting in any court or before any authority within the territory of India after their retirement.
• Prevention of Corruption Act
  • This act was enacted to combat corruption in government agencies and public sector businesses in India.
  • It defines what constitutes criminal misconduct and lays down punishments for such offenses.

The correct answer is Option 2

Key Points  Section 12A of The Gujarat Prevention of Gambling Act empowers a police officer to arrest without a warrant any person who prints, publishes, sells, distributes, or circulates any newspaper, news-sheet, or document intended to aid or facilitate gambling activities. The section also allows police to enter and search premises for seizing materials related to illegal gaming.

The correct answer is Option 2

Key Points Section 9 explicitly states that to secure a conviction under Sections 4 and 5, it is not necessary to show money changed hands or that any stake was involved.
This significantly lowers the burden on the prosecution regarding proof of financial involvement, focusing instead on the existence of prohibited gaming activities themselves.

The correct answer is that the premises were used as a common gaming-house and persons present were gaming.

Key Points

• Section 7 of the Bombay Prevention of Gambling Act, 1887 (The Gujarat Prevention of Gambling Act, 1887):
  • This section deals with the legal presumption regarding the seizure of gaming instruments.
  • When any instrument of gaming is seized during a raid, it is presumed that the premises where the instrument was found is being used as a common gaming-house.
  • The presence of such instruments indicates that the individuals found on the premises are engaged in gaming activities, unless proven otherwise.

Additional Information

• The instrument is counterfeit:
  • This option is incorrect as Section 7 does not deal with the authenticity or counterfeit nature of the gaming instrument.
  • The focus of Section 7 is on the use of the premises for gaming purposes, not the authenticity of the instruments.
• The instrument was legally acquired:
  • This option is incorrect because Section 7 does not concern itself with the legality of acquiring the gaming instrument.
  • The section is more concerned with the implication of the premises being used for gaming when such instruments are found.
• The gaming activities were approved by local authorities:
  • This option is incorrect as Section 7 does not address the approval of gaming activities by local authorities.
  • Section 7 presumes the illegality of the premises being used for gaming unless proven otherwise.

The correct answer is 'Imprisonment for at least two months and fine of ₹300'

Key Points

• Minimum Punishment under the Bombay Prevention of Gambling Act, 1887:
  • The Act is designed to prevent gambling in common gaming-houses.
  • Section 5 of the Act specifies the minimum punishment for a first offense.
  • The prescribed minimum punishment for a first-time offender is imprisonment for at least two months and a fine of ₹300.

Additional Information

• Other Punishment Options:
  • Option 1:
    • This option mentions imprisonment for at least one month and a fine of ₹100.
    • It is incorrect as the prescribed minimum is higher in both imprisonment duration and fine amount.
  • Option 3:
    • This option mentions imprisonment for at least six months and a fine of ₹1,000.
    • It is incorrect as it exceeds the minimum punishment prescribed under the Act.
  • Option 4:
    • This option mentions imprisonment for at least one year and a fine of ₹2,000.
    • It is incorrect as it is significantly more severe than the minimum punishment prescribed.

The correct answer is 'Section 8 authorizes the Magistrate to order the destruction, forfeiture, or sale of gaming instruments, securities, and moneys upon conviction.'

Key Points

• Section 8 of the Bombay Prevention of Gambling Act, 1887 (The Gujarat Prevention of Gambling Act, 1887):
  • Empowers the Magistrate to order the destruction, forfeiture, or sale of gaming instruments, securities, and money upon conviction.
  • This ensures that illegal gambling operations are not only punished but also deprived of their financial resources and tools.
  • The purpose of this section is to deter illegal gambling by making it financially unviable.

Additional Information

• Section 7:
  • Deals with penalties for persons found in a gaming-house.
  • Does not address the destruction, forfeiture, or sale of gaming instruments, securities, and moneys.
• Section 9:
  • Involves the procedure for issuing search warrants for suspected gaming-houses.
  • Does not confer any power regarding the forfeiture or sale of seized items.
• Section 10:
  • Provides protection for persons acting under the Act, ensuring no legal suits or prosecutions are taken against them for actions done in good faith.
  • It does not relate to the forfeiture or sale of gaming instruments, securities, and moneys.

The correct answer is 'The repeal of previous gambling laws while saving certain rights and penalties'

Key Points

• Section 14 of the Bombay Prevention of Gambling Act, 1887 (The Gujarat Prevention of Gambling Act, 1887):
  • This section primarily deals with the repeal of previous gambling laws while preserving existing rights, privileges, and penalties.
  • It ensures that the repeal of earlier laws does not affect any rights or liabilities that were accrued under those laws.
  • This provision is important for maintaining legal continuity and protecting individuals from losing their legal rights or being absolved of penalties due to the repeal of old laws.

Additional Information

• Enforcement of gaming laws in public places:
  • This option refers to the implementation and regulation of gaming laws in public areas. However, Section 14 does not focus on this aspect.
  • The enforcement of gaming laws is generally covered under other sections that specifically detail how such laws should be applied and monitored in public spaces.
• Definitions of gaming and gaming houses:
  • This option involves the legal definitions of what constitutes gaming and gaming houses. Section 14 does not address definitions, but other sections typically provide these critical definitions to clarify the scope of the law.
  • Understanding these definitions is fundamental for the application of the law, but it is not the focus of Section 14.
• The registration of gaming establishments:
  • This option concerns the formal registration and regulation of gaming establishments to ensure they operate within the legal framework. Section 14 does not cover the registration process.
  • Registration requirements would be detailed in sections that deal with the licensing and regulatory oversight of these establishments.

The correct answer is Section 13 of the Bombay Prevention of Gambling Act, 1887 (The Gujarat Prevention of Gambling Act, 1887).

Key Points

• Section 13:
  • This section specifically states that nothing in the Act shall apply to any game of mere skill wherever played.
  • The provision aims to differentiate between games of chance, which the Act seeks to regulate and prohibit, and games of skill, which are exempt from these regulations.
  • By exempting games of mere skill, the law acknowledges that skill-based games do not present the same risks of gambling-related harm as games of chance.

Additional Information

• Section 12:
  • This section typically deals with the powers of authorities to enter, search, and seize premises suspected of being used for gambling activities.
  • It outlines the procedures and conditions under which law enforcement can take action against unlawful gambling operations.
• Section 14:
  • This section often pertains to the penalties and fines applicable to those found guilty of offenses under the Act.
  • It specifies the legal consequences of participating in or facilitating illegal gambling activities.
• Section 15:
  • This section may outline the process for the disposal of property and money seized during gambling raids.
  • It provides guidelines for the handling and eventual resolution of seized assets related to gambling offenses.

The correct answer is 'Amended by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960'

Key Points

• Extension of the Bombay Prevention of Gambling Act, 1887 to Gujarat:
  • The Bombay Prevention of Gambling Act, 1887 was originally enacted for the Bombay Presidency, which included the current states of Maharashtra and Gujarat.
  • After the reorganization of states in 1960, Gujarat was formed as a separate state from the Bombay state.
  • The extension of this Act to Gujarat was formalized through the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
  • This order was part of the process to adapt and apply existing laws to the newly formed state of Gujarat.

Additional Information

• Amended by Bom. 1 of 1890:
  • This amendment pertains to changes made to the original Act in the year 1890 when the Bombay Presidency was still intact.
  • This amendment is not related to the extension of the Act to Gujarat.
• Amended by Bom. 5 of 1926:
  • This amendment was another modification to the Act made in 1926, again during the time of the Bombay Presidency.
  • It does not pertain to the extension of the Act to the state of Gujarat.
• Amended by Guj. 4 of 2003:
  • This refers to an amendment made by the Gujarat legislature in 2003, well after the state was formed and the Act had already been extended to Gujarat.
  • It is not related to the initial extension of the Act to Gujarat.