Section 108 of the Delhi Police Act, 1978: Cheating at Games and Street Gambling
Section 108 addresses fraudulent winnings in games or wagering and participation in street assemblies formed for gambling or wagering. It contains two distinct rules with different legal consequences.
What Section 108 provides
Section 108(1): Cheating at games
Where a person, through fraud, an unlawful device or malpractice involving cards, dice, another game, stakes, wagers or betting, wins money or a valuable thing from another person for themselves or someone else, the provision deems that conduct cheating under Section 415 of the Indian Penal Code, 1860, and makes the person liable to punishment accordingly.
Section 108(2): Gambling or wagering assembly in a street
A person who assembles with others, or joins an assembly in a street formed for gambling or wagering, may on conviction be fined up to Rs. 50 or released after due admonition.
Meaning and essential elements
1. Fraud or malpractice in games
Sub-section (1) concerns dishonest methods of obtaining winnings, including manipulation of cards, dice, stakes or wagers. The prosecution must establish the relevant fraudulent conduct and the winning of money or a valuable thing from another person; simply participating in a game does not by itself establish this particular form of cheating.
2. Street assembly for gambling or wagering
Sub-section (2) concerns assembling with others, or joining an assembly, in a street for the stated purpose. It is a separate contravention and does not require proof of fraudulent winnings under sub-section (1).
3. Meaning of street
The scope of the term must be assessed in light of the definitions and context of the Delhi Police Act, 1978, and the facts of the location concerned.
Punishment under Section 108
Sub-section (1): Liability follows the law governing cheating. The Delhi Police Act expressly refers to IPC Section 415 in its existing text; the corresponding modern definition of cheating is found in Section 318(1) of the Bharatiya Nyaya Sanhita, 2023. The applicable punishment and savings or transitional rules depend on when the alleged offence occurred and the charge made.
Sub-section (2): A fine not exceeding Rs. 50, or release after due admonition. A proposed amendment is not itself proof of an enacted increase to this amount.
Relationship with the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita (BNS) came into force on 1 July 2024, replacing the IPC for new offences subject to applicable savings provisions. Section 318(1) BNS defines cheating, including deception that dishonestly or fraudulently induces delivery or retention of property, or intentionally induces conduct causing or likely to cause specified harm. Section 318 also sets out punishment provisions for different forms of cheating.
The reference to IPC Section 415 in the printed text of Section 108(1) should not be silently rewritten as though Parliament amended that wording. For a current prosecution, the interaction between Section 108, the BNS, and the repeal-and-savings provisions should be examined.
Official legal sources
Read the Delhi Police Act, 1978 (official India Code PDF) and the Ministry of Home Affairs page on the new criminal laws. The Bureau of Police Research and Development also provides official criminal-law reference materials.
Frequently asked questions
Is every game played for money cheating under Section 108(1)?
No. That subsection addresses winnings obtained through fraud, unlawful devices or malpractice of the kind specified in the law.
What is the penalty for joining a street gambling assembly?
Section 108(2) provides a fine of up to Rs. 50 or release after due admonition.
Does Section 108 still refer to IPC Section 415?
Yes, in the published text of the Delhi Police Act. Section 318 of the BNS now addresses cheating under the newer central criminal law.
Updated: 19 October 2026. This article provides general legal information, not case-specific legal advice.