Section 5. Gaming in common gaming-houses.

1[Whoever is found in any common gaming-house gaming or present for the purpose of gaming, 2[3[shall on conviction be punished] with imprisonment which may extend to six months 4[and may also be punished with fine]]: Provided that- (a) for a first offence such imprisonment shall not be less than one month and fine shall not be less than two hundred rupees ; (b) for a second offence such imprisonment shall not be less than three months and fine shall not be less than two hundred rupees ; and (c) for a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than two hundred rupees.] Any person found in any common gaming-house during any gaming 5* * therein shall be presumed, until the contrary 6[is proved], to have been there for the purpose of gaming.