Education

Everything You Need To Know About Gambling Law

Everything You Need to Know about Gambling Law

Gambling is described as the act or activity of betting money, such as card games, horse racing, lotteries, sports betting, and chance-based casino games, in other words, staking or betting on something of value, with a consciousness of risk and hope of gain, and if one’s prediction is right they win but if it is wrong then they lose. Along with gambling comes gaming, in which individuals use their skills and talent, for betting which includes money, Nowadays Gaming has also become a kind of Gambling, yet there is a huge difference between them. For every law student, it is an important topic that they should know, in India with the growing trend of technology the online gaming and gambling are also increasing, so in order to regulate all these needs legal guidance, that’s why law aspirants opt for online legal certification courses based on these subjects.

Ancient Law of Gambling Law: 

The history of gambling in India is very old, even in our holy book Mahabharat, we see Gambling as a means of entertainment. In ancient times, some people used to see gambling as entertainment, while some used it for earning money, but with due time it has become an addiction and was deteriorating people's life and their money. For the purpose of gambling in ancient India devices such as Dice games, betting on animals, or after a period of time there were several gambling houses, all these means were being used. To put a stoppage on this and control the situation government enacted an act and implemented it in the whole of India, the act is known as the Public Gambling Act of 1867.

Public Gambling Act of 1867:

The very first attempt to control the Gambling in India was taken by legislation in the year 1867, introducing the Public Gambling Act. An act to provide punishment for public gambling and the keeping of common gambling houses in the (central provinces) (and United Provinces, East Punjab, Delhi). These acts have several sections which provide guidance to the state regarding the gambling laws and regulations. This act has clearly clarified the different punishments for different acts such as; Power to extend the act to the whole state, the Penalty of owning, keeping or having the charge of a gaming house, Penalty for being found in a gaming house, penalty on persons arrested for giving false names and addresses, Proof for playing at stakes unnecessary, Witnesses indemnified, Gaming and setting birds and animals to fight in Public streets, Destruction of instruments of gaming found in public places, offences by whom triable and this act also mentions the games which doesn’t come under this act. Thus, this act is very important legislation which regulates the laws regarding Gaming and Gambling law that every law student needs to know.

Current Status of Gambling: 

In the present time, the law regarding gambling has been liberalised. Many countries have legalised sports betting, to increase their economic structure. But still, in many countries, these remain illegal, and India is one of them. There are several strict regulations regarding sports betting in India. But despite these regulations, the investment of Indian citizens in gambling especially sports betting is increasing day by day, due to which many peoples are losing a lot of money and it is diversely affecting the country’s growth and economy. The number of Indians who bet regularly amounts to over 140 million, these people consider this as making money through their favourite sports. This shows that India needs to regulate the Gambling and gaming laws.

Legality: 

The legality of Gambling and Gaming in India, the gambling is a state matter, which entitles the state to law to govern such activities and formulate laws within their state. The public gambling Act, of 1867 is adopted by many states in India. Also, all kinds of betting and gambling are illegal except the game of skills. The games which require skills have legal acceptance except for a few special cases or conditions. But the main thing here is the definition of a Skill game by the Apex Court in India; “The Competition where success depends on substantial degree of skill are not gambling and despite there being an element of chance if a game is preponderantly a game of skill it would nevertheless be a game of mere skill”.  This definition also covers horse racing and dog racing with the exception of a few cases, also the Supreme Court of India also included the game of rummy in the list of Games of Skill. But is also essential to know the difference between Game of Skill and Gambling, the best online law certification courses based on Gaming and Gambling law, cover wide aspects of the subject.

Upcoming Gambling Law in 2022:

Due to the increased usage of online games for earning money by the nation, the legislation has introduced a bill regarding these subjects known as Online Gaming (Regulation) Bill, 2022. The online gaming (Regulation) Bill was introduced on 1 April 2022 in Lok Sabha, to establish a system for regulating the online game industry to prevent fraud and misuse. This Bill calls for to form of a commission to regulate the online games industry. The definition of the word “Online Gaming” mentioned in this Bill is, any games played on electronic devices such as personal computers, mobile phones, tablets, and other electronic devices. The commission that this bill is demanding is named as Online Gaming Commission (OGC), which should be constituted by the central government. The commission should have the power to oversee all the functionings of online gaming websites and stop illegal online gaming.

Penalties: 

The Penalties for Gambling and Gaming in India are mentioned in the Public Gambling Act, of 1867. According to this act, the punishment for breaking the law guided in this act will result in a fine of Rs. 200/- or imprisonment for 3 months, and for visiting a gambling house the punishment will be a charge of Rs. 100/- or imprisonment of or up to one month. Also, the punishment for online gambling lies in the IT Act, 2000, according to which a person involved in such activities will have to pay a fine of Rs 100,000/- or imprisonment of 5 years.

Conclusion: 

The Gaming and Gambling law in India needs to be restructured in a proper way so that such illegal activities can come to a stop. This is the reason that legal students should be aware of this situation and earn practical knowledge about these subjects as as can. To make it possible for them, several legal learning platforms offer online law certification courses on Gaming and Gambling Law in India. Also, the implementation of the Online Gaming(Regulation) Bill, 2022 and its success is also an important aspect for the whole Indian legal system and law students.