It’ Hard Enough To Do Push Ups – It’s Even Harder To Do KINDS ONLINE GAMBLING
A bet can be placed in minutes. Anyone with credit cards can create an offshore currency account with a gambling site, leaving them free to place bets on sporting events 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 is likely to win the Nobel Prize to whether Madonna gets a divorce or not. Bets can range from a nickel to thousands and according to whether you win or lose the total amount is automatically adjusted to your account. The final balance can then either be mailed for you or left for future bets.
The law relating to online gambling in India should be understood within the country’s socio-cultural context. First, gambling, although not absolutely prohibited in India, does 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 the most post popular type of gambling.
Though gambling is not illegal, this 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 plus the state levels. Gambling features in List II of the Constitution of India, this implies that the state governments have the authority to enact laws so as to regulate gambling in the respective states. Thus, there is absolutely no single law governing gambling in the complete country. Different states have different laws governing gambling as well as the laws with an application across the country. While some states have banned lotteries, other states allow state government 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 cost for a chance to win a prize’. The dominant part of skill or chance shall determine the type of the game. A casino game could be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. Because of this, Indian courts have held that betting on horse racing and some card games aren’t gambling. The right to undertake the business of gambling and lotteries is not considered as a fundamental right protected by the Constitution of India. It may however be remarked that the state government run lotteries make significant contributions to the state exchequer of several state governments and the Union government, and hence there is a resistance to complete prohibition.
The following 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 the state governments to enact laws to modify public gambling within their respective jurisdictions. The penal legislations in respective states have been amended relative to their policy on gambling. However, this legislation doesn’t have any direct impact on online gambling unless a broad interpretation is given to the definition of common gaming house to be able to include virtual forums as well.
iconwin , 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, and no suit will be brought for recovering anything purported to be won on any wager or entrusted to any person to abide by the consequence 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. While a wagering contract is not illegal, it cannot be enforced in a court of law. Thus, the courts won’t entertain any cause of action that arises out of a wagering contract.
Lotteries (Regulation) Act, 1998
This Act provides a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to market as well as prohibit lotteries within their territorial jurisdiction. This Act also offers the manner in which the lotteries should be conducted and prescribes punishment in the event of breach of its provision. Lotteries not authorized by hawaii 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 deals with keeping lottery office. It says that whoever keeps any office or place for the intended purpose of drawing any lottery not being truly a State lottery or perhaps a lottery authorised by hawaii Government, will be punished with imprisonment of either description for a term which may 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 virtually any such lottery, will be punished with fine which might extend to one thousand rupees.
The law linked to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts in fact it is not possible to enforce such contracts beneath the ICA, detailed above.