Gambling Online India – In a September 2019 study by KPMG India, India’s online gaming industry is expected to reach 250.3 billion rupees by 2024.

Gambling is prohibited in India. The Public Gambling Act of 1867 and several local acts passed by states made it a prohibited activity under the law, with penalties ranging from financial fines to prison terms. Despite these laws, the Federation of Indian Chambers of Commerce and Industry (FICCI) estimates that India’s illegal betting market is worth more than Rs 3.3 billion, which is roughly the size of India’s 2019 defense budget. This amount exceeds India’s total expenditure on agriculture and health, education and health.

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The CBI’s report on “Cricket Match-Fixing and Related Malpractices” shows the emergence of betting groups and cartels run by live bookies and punters and global participation. It’s been nearly 20 years, and according to reports, international one-day international tickets anywhere in the world are in the hundreds of millions.

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Today, online betting is widespread, with clean interfaces, built-in payment systems, odds calculators, alerts, and mobile apps.

As the law is more applicable to physical casinos and related facilities, there is some uncertainty in the application of gambling laws in cyberspace. Complicating the situation is the designation of some games as “games of skill” where “success depends primarily on the superior knowledge, training, attention, experience and skill of the player” and players can trade, bet and exchange money in the same game. There is a need to clarify policy around gambling, especially in cyberspace, where it can be used both as an opportunity to prevent losses and to increase revenue.

3(2)(b) of the Information Technology Rules, 2011, Section 87(2) read with Section 79(2) of the Information Technology Act, 2000. It requires “intermediaries” such as Internet service providers, Internet service providers, search engines, and telecommunications operators.

According to the Constitution of India, betting/gambling is a state subject and each state has special legislative power to legislate within the country. Many state laws and the Public Gambling Act of 1867 were enacted before online gambling.

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Gambling regulations are not restrictive, and most states prohibit gambling with the exception of games of skill. Therefore, if the game qualifies as a game of skill, the restrictions on gaming regulations do not apply. In the case of RMD, Chamarbaugawala v. Union of India, Supreme Court relies on ‘skill test’ to decide whether an activity constitutes gambling or not. The court found that contests involving skill were not gambling, but commercial activities protected by art. 19(1)(c)

To understand the current legal status of online gambling, we need to focus on the following categories: fantasy sports, betting, casinos, lotteries and cards.

A. Fantasy Sports: Skill-based games are an exception to the game rules. The Nagaland Prohibition of Gambling and Regulation of Games of Online Skill Act, 2016 specifically recognizes virtual team selection games and virtual sports fantasy league games as games of skill like chess, sudoku, quiz, binary choice, bridge, cards, rummy, sleep, deck, auction, solitaire, virtual games. In the state of Nagaland, a license is mandatory if such games are offered online.

Recently the fantasy sport of Dream 11 was held as a game of skill by the Punjab and Haryana High Court. Even the Bombay High Court in Gurdeep Singh Sachar v. Union of India recognized such fantasy sports as games of skill.

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B. Stock: Supreme Court Dr. K. Lakshmanan v. Tamil Nadu held that betting on horse racing is a game of skill and therefore exempt from the prohibitions of most G a m i n g Acts. These exceptions to the gaming laws are subject to certain conditions, which can be difficult to meet when it comes to online horse racing. But the argument about whether or not horse racing is a game of skill can always be made despite these exceptions.

C. Casinos: Casinos fall under the category of gambling and betting and are prohibited by most laws. Under the Sikkim Online Gaming (Regulation) Act, 2008 and the Sikkim Online Gaming (Regulation) Rules, certain sub-categories of casino games may be offered nationwide only in the State of Sikkim.

D. Card: In some states of India, card is recognized as a game of skill: (i) by implementation/regulation like in the State of West Bengal, card is specifically excluded from the definition of “gambling” under the West Bengal Gambling and Prize Competition Act, 1957; Nagaland law defines kart as a game of skill. and

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Instead, Dominion Games Ltd. Ltd. v. State of Gujarat, the Hon’ble Gujarat High Court recently held that karta is a game of card and gambling activity under the Gujarat Prevention of Gambling Act, 1887 and is therefore now prohibited in Gujarat (pending appeal).

The issue of whether sports betting is a game of skill is pending before the Supreme Court in Geetha Rani v. Union of India. If the regulation finds that sports betting is a game of skill, it is exempted from most games and is provided in most states of India that recognize the exemption of games of skill.

Although the above acts have made gambling an illegal activity, overseas betting sites offer illegal websites to Indian citizens and place bets from India, which violates the Information Technology Act and the Foreign Exchange Management Act, 2000.

Governments around the world do not regulate gambling as a licensed and controlled activity due to social, moral, ethical and religious considerations. However, lotteries and horse racing, as well as some “games of skill” are allowed to continue on a limited basis. On the other hand, states have monopolized gambling, generating non-tax revenue and tourism revenue.

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However, the Internet has disrupted this model by breaking down the barriers to governance, and now players and organizers of the event can use jurisdictions to freely place bets, convert money locally or internationally, transfer money digitally across borders, and even convert money digitally into physical form.

Legitimate regulatory and policy dilemmas manifest themselves in conflicting goals and suboptimal solutions, ranging from conflicting goals and management capitulation. While strict enforcement of anti-money laundering (AML) and player verification (Know Your Customer) rules on the one hand, any legalization is likely to lead to human and economic downfalls around increasing social costs. Gamblers and new drug addicts harm society in the form of crime and bankruptcy costs, and problems related to the deterioration of quality of life and social fabric pose serious challenges to state legalization of gambling for economic purposes. The 276th Legislative Committee Report discusses these issues in detail.

As a result of internet gambling/gaming bans, Indian online gambling sites have been established or banned in other countries. Despite restrictions on online gambling in India, Indians continue to gamble online. Absolute bans cannot be enforced in the virtual world, so internet gambling continues to grow in popularity among Indians despite restrictions. Therefore, creating an effectively regulated internet gambling environment is essential. Establishing regulatory policies and standards around online gambling will pave the way for national protection of citizens by curbing underage gambling, controlling the generation and circulation of black money, enforcing responsible gaming environment/rules and ensuring market transparency. Additionally, revenue from regulation and taxation of betting and gambling can be a good source of revenue, which in turn can be used for public welfare.

In a September 2019 study by KPMG India, India’s online gaming industry is expected to reach 250.3 billion rupees by 2024. India loses about $1.5 billion every year due to lack of regulation and taxation of online gambling. It is time to adjust and balance conflicting goals to maximize the public good. Since total prevention of Internet gambling is impossible, effective regulation of it remains the only viable option. India can draw considerable success from the experience of several countries and regions that have regulated online gambling in many forms and developing forms. Other drivers, especially in the post-Covid recovery phase

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