(1) No person shall gamble or
cause gambling.
(2) A person who commits the offence referred to in subsection
(1) shall be liable to the sentence as follows:
(a) Imprisonment for a term not exceeding three
months or a fine not exceeding thirty thousand
rupees, in the case of one who gambles or causes
any one to gamble for the first time,
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(b) Imprisonment for a term not exceeding one year
and a fine not exceeding fifty thousand rupees, in
the case of one who gambles or causes any one to
gamble for the second time, and additional
sentence of imprisonment for a term not
exceeding three months and a fine not exceeding
ten thousand rupees for every subsequent offence.
Explanation: For the purposes of this Act,-
(1) 'gambling' means a game or process of any type
to be so played by betting as to gain, lose or win
any kind of movable or immovable property or
return, on the basis of contingency, and this term
also includes any betting or waging so made by
one who does not gamble himself or herself as to
gain or lose any movable, immovable property or
return depending on the win or loss of others.
Provided that any of the following games
or programs shall not be considered to be
gambling:
(a) A game so played, with the approval of the
Government of Nepal, for entertainment in
a public ceremony, fair, feast, festival,
exhibition or event that a small amount of
movable property is won or lost,
(b) A lottery operated with the approval of the
authorized authority.
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(2) 'one who causes any one to gamble' means a
person who causes gambling by knowingly
providing a house, room, space or vehicle under
his or her ownership, possession, use or custody
or by providing any kind of instrument for
gambling.
(3) All instruments used for gambling and movable and
immovable properties earned from gambling shall be forfeited.
Provided that a house, room, place or means of transport
where gambling has taken place shall not be forfeited.
(4) No person shall bet or cause betting.
(5) For the purposes of sub-section (4), a person who so
bets that he or she will receive or lose any movable, immovable
property or consideration if any particular party wins or loses any
game or process that can be played, or caused to be played, under
law shall be considered to have committed the offence of betting.
(6) In the event of commission of the offence referred to in
sub-section (4), the offender shall be liable to a sentence of
imprisonment for a term not exceeding one year and a fine not
exceeding ten thousand rupees, along with the forfeiture of the
claimed amount used in the offence.
(7) Convictions pronounced by a court shall be taken into
account for the purpose of establishing recidivism in relation to the
offence referred to in this Section.