Navigation

Affiliates


    Some Laws and Regulations pertaining to Gaming

    Share
    avatar
    jimram
    Admin

    Posts : 164
    Points : 322
    Reputation : 3
    Join date : 2009-07-19

    Some Laws and Regulations pertaining to Gaming

    Post by jimram on Thu Jul 30, 2009 5:30 pm

    Below is a gist of info that i have collected and some personal views. These should not be construed as correct or should not be regarded as any thing other than reading material meant for those who have been discussing on the legality issue. The sources of these are various and i am listing a few points from amongst many which i found interesting to note.

    The law relating to gambling in India needs to be understood within the country's socio-cultural context. At the outset, 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 Rs. 40000 crores. While stringent laws have checked the proliferation of casinos and street side gaming centers as in many other countries, barring the state of Goa and now Sikkim, the lottery business remains the most popular form of gambling.

    Though gambling is not illegal in India, it is indeed a highly controlled and regulated activity.

    Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal as well at the state levels. Gambling features in the List II of the Constitution of India, which implies that the state goverments have the authority to enact laws in order to regulate gambling in their respective states. Thus, there is no single law governing gaming in the entire country. Different states have different laws governing gambling in addition to the laws that have an application across the country. While some states have banned lotteries, other states allow state government lotteries.

    The courts have defined gambling as "the payment of a price for a chance to win a prize". The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling.

    Lottery is a different ball game altogether and has infact a special Act - the Lotteries (Regulation) Act, 1998. Though it is a game of pure chance and luck it is allowed by certain provisions of law. It should be noted that state government run lotteries make significant contributions to the state exchequer of several state governments and the Union Government and hence there is a quiet resistance to its complete prohibition.

    Gambling is covered by different legislations like the Lotteries (Regulation) Act, 1998, The Indian Contract Act, 1872 (ICA), Indian Penal Code, 1860, The IT Act; but the most important one is the Public Gaming Act, 1867.

    The Public Gaming Act, 1867 provides punishment for gambling and for keeping of a "common gaming house". This Act also authorizes the state governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in different states have been amended in accordance with their policy on gambling.

    One such state is Goa which views gaming as a way to attract tourisim which in turn provides additional jobs for residents and brings in additional tourism revenues for other industries like hotels, transportation, local tour guides, etc. Goa Government views casino style gambling as a component of its tourism program. Though recently there has been opposition to these casinos reg increased crime rates and socio-cultural adverse effects. It should however be noted that people who go to paly at casinos would be of a different category than common hoodlums and petty thieves. A person going to play at a casino is of a differnt level. This person travels to a different state, carries money to play, so we can assume the person will think of "safety first". Logically this kind of person will be the last to create problems or get himself into trouble. But that is another story.

    The revamping of the antiquated Public Gaming Act, 1860 is the only method of really getting some changes to the gaming industry. That is going to be asking for the moon due to the taboos and social stigmas associated with gambling. I do not think any policy maker would even be ready to think about talking on this issue.

    The best thing i see is to wait. Worldwide poker issues are on high pitch. We should collect details of new legislations around the world favouring poker. Collect tangible and substantiative arguments showing poker involves more skill than luck. And then at the right time vested interests, experts and above all poker lovers will make it happen.

    For now...thank-you Goa!
    avatar
    pranav

    Posts : 79
    Points : 89
    Reputation : 4
    Join date : 2009-07-20
    Location : Delhi

    Re: Some Laws and Regulations pertaining to Gaming

    Post by pranav on Sat Aug 01, 2009 2:13 pm

    "The courts have defined gambling as "the payment of a price for a chance to win a prize". The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling."

    based on that line above, ie, "payment of a price for a chance to win a prize" , doesnt everything fall under that? like all these lucky draws held by LG,Samsung etc and so many of "stand a chance to enter the lucky draw and win etc etc"
    how come those are allowed? using the law in its strictest sense, those acts should fall under gambling as well since it is payment of a price, to stand to win a prize. There is no luck involved and chance does predominate its outcome.

    Interesting read Jim.
    avatar
    pranav

    Posts : 79
    Points : 89
    Reputation : 4
    Join date : 2009-07-20
    Location : Delhi

    Re: Some Laws and Regulations pertaining to Gaming

    Post by pranav on Tue Aug 11, 2009 1:22 pm

    anyone who has the time and inclination can read the following case:

    http://www.caclubindia.com/sc/D/Dr.%20K.%20R.%20Lakshmanan%20And%20Others.%20vs%20State%20Of%20Tamil%20Nadu%20And%20Another%28SC%29.asp

    this is one of the few supreme court cases decisions on gambling in india. there is a lot of technical jargon. you have been warned!
    avatar
    jimram
    Admin

    Posts : 164
    Points : 322
    Reputation : 3
    Join date : 2009-07-19

    Re: Some Laws and Regulations pertaining to Gaming

    Post by jimram on Tue Aug 11, 2009 7:06 pm

    pranav wrote:anyone who has the time and inclination can read the following case:

    http://www.caclubindia.com/sc/D/Dr.%20K.%20R.%20Lakshmanan%20And%20Others.%20vs%20State%20Of%20Tamil%20Nadu%20And%20Another%28SC%29.asp

    this is one of the few supreme court cases decisions on gambling in india. there is a lot of technical jargon. you have been warned!
    Pranav, the warning was indeed in order...lol

    Sponsored content

    Re: Some Laws and Regulations pertaining to Gaming

    Post by Sponsored content


      Current date/time is Tue Nov 13, 2018 1:28 am