ANALYSIS OF GAMBLING LAWS IN INDIA

Public Gambling Act of 1867:

As once Ambrose Bierce said “The gambling known as business looks with austere disfavor upon the business known as gambling.” Does mean that Gambling is for entertainment, not for profit. But this generation is pulling all the strings to make it popular and make it legal. But gambling ensures that it is one of the best way for earning more and becoming rich in less time because of probability over possibility. India with a billion plus population does seems to enjoy gambling in most of the entertainment fields  like Cricket being the most popular game in India. Betting on Games even though the fact remains that it is prohibited. Even though it does not stop gamblers from betting. Indian laws for gambling are out-dating and lacking the clarity for current generation. You will often find Online Casinos with a wide variety of different games for players to play. The most popular ways for gambling would be blackjack , poker and roulette. Live dealer are also gaining the popularity among this generation for example Online gambling sites for PC games. For example http://www.gg.bet , http://www.lott.bet , http://www.csgoempire.com etc,. These sites attract the teenagers/adults to their websites because people are drowned in online games and want to earn more and show off to their friends.

The Public gambling act is a central law. The Section 3 states that there is a penalty for running or being in charge of a Public Gambling House. The fine for breaking this law is ₹200 or imprisonment of up to 3 months. Although this act prohibits from visiting a gambling house , a fine of ₹100 or imprisonment of up to 1 month. According to Section 4 whoever found in any such house or place playing or gaming with cards, dice, counters etc., or is found there for purpose of gaming playing for any money , stake , property shall be liable for fine according to the Indian Penal Code (45 of 1860).

Information Technology Act, 2000:

In short the act says that the website hosts and the ISP (Internet Service Provider) are instructed to block access to certain types of content or website. For the most of the part it is based on National security. Things that are based on blasphemous , pornographic , illegal etc., Section 2 item B anything to relating or encouraging money laundering or gambling.

Payment and Settlement Act, 2007:

This act was signed on 20th December 2007 by President Patil, although it went into effect on 12th August 2008. This act gives authority to RBI to have access and regulate all forms of electronic payments. The act states that no one is authorized to operate Payment system, No person other than the RBI shall operate except for the accordance with an authorization issued by the RBI under the provisions of this act.

The Types of Gambling :

Betting : Betting can either be legal or illegal , it just depends on what the betting is placed on. For example if the betting is placed on a game of chance then it is illegal. There are exceptions to the rule that make betting legal. And if the betting is placed on game of skill then it is legal. For example – Dream11 , because Dream11 involves game of skill. Game of skills basically means that people use their analytical talent and prediction on who will win so it makes it legal in India.

Although Dream11 is not legal in all states in India, it is legal in the following states:

Assam , Odisha and Telangana.

Casino : Goa and Sikkim are the only states and Dadra and Nagar Haveli and Daman and Diu  are the only Union territories where casinos are legalized. The fact is that Goa is the only place where live gambling is legal and the first casino opened there in 1999.

Bingo : Bingo can either be considered as a lottery or gambling , it depends under which condition it is taken. It is considered as a lottery if it falls under the lottery law and which allows state governments to organize them under special conditions. And it is considered as gambling when it is a game of chance and thus it will be prohibited.

Lotteries are regulated in Sikkim locally and in Punjab it Is only legal while playing it online, while Madhya Pradesh has completely banned it.

Gambling Regulations in India : The Public Gambling Act was introduced in India as whole but India is a vast country with different cultures and religions. So some states and union territories have different rules and regulations on gambling. This also means that different areas have different view on gambling. Some states like Orissa and Assam have banned gambling totally because of high population of Hindu and Muslims in the areas. Whereas states like Goa and union territory like Daman and Diu have legalized land-based gambling operators with license.

Rajasthan: In the state of Rajasthan both offering to gambling and playing inside a gambling place is an offence. Although many underground gambling places are active in Jaipur even though it is illegal.

Tamil Nadu: In the state of Tamil Nadu , it is one of the few states in India where almost all forms of gambling are prohibited with the exception of Horse riding.

Orissa and Assam: In the states of Orissa and Assam gambling in any sort is completely illegal except for the horse riding in assam. Although Any of those states doesn’t permit staking of money for betting and gambling.

Gujarat and Maharashtra: In the states of Gujarat and Maharashtra casino is illegal in both the states while betting on horse riding and lottery is legal.

Conclusion: In this article I have researched the very essence to provide the reader’s with the knowledge of gambling laws in India and the existence of illegal gambling, Online gambling and legalized gambling in India. Overall India has been through a lot when we talk about gambling and it is still under constant discussions. Well let’s face this that people as players want to chase their dream and want to earn a lot in a less period of time and become millionaires. As of the fact that casinos are already available in a lot of places in India.

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