Section 125: Prohibition of gambling or betting

1) No person shall gamble or cause gambling.

2) A person who commits the offence referred to in sub-section (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,

(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 an 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.

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.