Aamani
Asked November 18, 2013

Law on Betting

  • 2 Answers
  • 35 Views

There is no specific legislation for prohibiting betting in sports. So,under which legal provision can game betting be an offence, with respect to the recent IPL matches?

Answers 2

Default avatar
Ashwini Panwar

I’ll be answering this question under the assumption that the question being asked here is only about India. Also, as far as laws regarding gambling and other betting activities are concerned, these laws can only be enacted by State under entry 34(Betting and Gambling) and entry 62( Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling)in the State List in Seventh Schedule of the Constitution of India. The Public Gambling Act of 1867 is the Act that governs gambling and specifies the punishments relating to it.

However, since it is a matter of state list, it is the states who decide whether to legalise gambling or not, what amount of punishments and fines to impose. The High Court of Karnataka in the case of Indian Poker Association v. The State of Karnataka (WPNO. 39169 to 39169 of 2013) has made a distinction between games that are based on chance and games that are skill based. Let’s take the example of poker, poker was recently declared a game of skill by the Karnataka High Court and now it is played all over India through the internet.

So, as the internet continues to evolve, laws will take time catching up, there hasn’t been any specific legislation enacted to deal with  internet gambling, the existing laws governing offline gambling could still be extended to internet gambling too.

Agree Comment 0 Agrees about 2 months ago

Default avatar
Ashwini Panwar

I’ll be answering this question under the assumption that the question being asked here is only about India. Also, as far as laws regarding gambling and other betting activities are concerned, these laws can only be enacted by State under entry 34(Betting and Gambling) and entry 62( Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling)in the State List in Seventh Schedule of the Constitution of India. The Public Gambling Act of 1867 is the Act that governs gambling and specifies the punishments relating to it.

However, since it is a matter of state list, it is the states who decide whether to legalise gambling or not, what amount of punishments and fines to impose. The High Court of Karnataka in the case of Indian Poker Association v. The State of Karnataka (WPNO. 39169 to 39169 of 2013) has made a distinction between games that are based on chance and games that are skill based. Let’s take the example of poker, poker was recently declared a game of skill by the Karnataka High Court and now it is played all over India through the internet.

So, as the internet continues to evolve, laws will take time catching up, there hasn’t been any specific legislation enacted to deal with  internet gambling, the existing laws governing offline gambling could still be extended to internet gambling too.

Agree Comment 0 Agrees about 2 months ago

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