A bet can be placed in minutes. Anyone with a credit card can create an offshore currency account with a gambling site, leaving them absolve to place bets on sports like Wimbledon, cricket, horse racing and Formula One, or join a virtual casino to play slots, roulette, blackjack, poker etc. Companies like Flutter and Betmart accept bets on anything from who’s likely to win the Nobel Prize to whether Madonna gets a divorce or not. Bets can range from a nickel to thousands and in accordance with whether you win or lose the total amount is automatically adjusted back. The final balance may then either be mailed to you or left for future bets.
The law relating to online gambling in India must be understood within the country’s socio-cultural context. First, gambling, although not absolutely prohibited in India, will not receive express encouragement by policy makers. The Indian organized gambling industry is estimated to be worth around US$8 billion. While stringent laws have checked the proliferation of casinos and high street gaming centres as in many other countries, barring the state of Goa, the lottery business remains probably the most post popular type of gambling.
Though gambling isn’t illegal, it is a highly controlled and regulated activity. Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal and also the state levels. Gambling features in List II of the Constitution of India, this implies that hawaii governments have the authority to enact laws as a way to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling as well as the laws with an application across the country. Although some states have banned lotteries, other states allow state lotteries marketed and distributed in other lottery playing and promoting states through private entities.
Regulation of gambling
The courts have defined gambling as ‘the payment of a price for a chance to win a prize’. The dominant part of skill or chance shall determine the type of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. Therefore, Indian courts have held that betting on horse racing and some card games aren’t gambling. The right to undertake the business enterprise of gambling and lotteries is not considered as a simple right protected by the Constitution of India. It may however be remarked that the state government run lotteries make significant contributions to hawaii exchequer of several state governments and the Union government, and therefore there is a resistance to perform prohibition.
The next legislation is pertinent to gambling:
THE GENERAL PUBLIC Gaming Act, 1867
This Act provides punishment for public gambling and for keeping of a ‘common gaming house’. This Act also authorises hawaii governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in respective states have been amended in accordance with their policy on gambling. However, this legislation does not have any direct impact on online gambling unless a wide interpretation is given to this is of common gaming house so as to include virtual forums as well.
The Indian Contract Act, 1872 (ICA)
The ICA is a codified umbrella legislation that governs all commercial contracts in India. Beneath the ICA, a wagering contract is the one which can’t be enforced. The Act lays down; ‘Agreements by way of wager are void, no suit shall be brought for recovering anything purported to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event which any wager is made’. Gambling, lottery and prize games have held to be wagering contracts and therefore void and unenforceable. DNABET เข้าสู่ระบบ While a wagering contract isn’t illegal, it can’t be enforced in a court of law. Thus, the courts will not entertain any cause of action that arises out of a wagering contract.
Lotteries (Regulation) Act, 1998
This Act offers a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to market and also prohibit lotteries within their territorial jurisdiction. This Act also provides for the manner where the lotteries should be conducted and prescribes punishment in the event of breach of its provision. Lotteries not authorized by the state have already been made an offence under the Indian Penal Code. Several non-lottery playing states, like Gujarat and Uttar Pradesh, have prohibited the sale of other state-government lotteries under this Act.
Indian Penal Code, 1860
Section 294A handles keeping lottery office. It says that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which might extend to half a year, or with fine, or with both.
And whoever publishes any proposal to cover any sum, or to deliver any goods, or to do or forbear doing anything for the advantage of anybody, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, will be punished with fine which might extend to one thousand rupees.
The law related to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts and it is not possible to enforce such contracts under the ICA, detailed above.