Why Gambling Is Illegal In India
Gambling is totally illegal in most states and central administrated territories except Sikkim,Daman and Goa.The gambling is prohibited in India mostly due to moral characters as well as to curb corruption and money laundering.’’. Indian law prohibits physical gambling, but there are no laws that make online betting illegal activity. However, making sportsbooks is banned in India. It means that if a gambling site is situated in India, it will not be legal for use. To make it more specific, the Public Gambling Act 1867 prohibits any gambling activity in India. Another form of legal gambling in India is the lottery. The Lotteries Regulation Act of 1998 gave each state the right to authorize lotteries if they choose to. There are some rules, including a once-per-week limit for draw games. Horse race betting and lotteries are the only two legal forms of gambling in India.
Betting on sports has become very usual nowadays. And with the advent of the Indian Premier League, betting has increased significantly in the past few years. Even though betting is legal in the US, there are no such laws that make it legal or illegal in India. Sports betting is not only limited to cricket but also football, hockey, baseball, basketball, and a lot more.
Betting: Legal or Illegal?
People still wonder if its legal to bet on games. So, technically speaking, it’s Yes and No. If you are a recreational gambler, then it’s well and good. But if you are operating illegally(not licensed) and attempt to bribe players or alter the game course in any way, you will be arrested if caught by the authorities.
Since no laws are saying that Sports betting is illegal in India, if you are betting on the internet and under licensed bookie, there is probably very little to no chance that you will get into any trouble.
Why do people bet on Sports?
Human psychology shows that betting on sports is related to the adrenaline rush that it brings with it. The release of dopamine when the team that one bet on is playing well is what gamblers get addicted to. Its often said that if someone starts betting, they can’t stop if they win. And it somewhat becomes a compulsion for them to bet on every game.
Though betting and gambling can become a severe issue for people, a small mass of individuals doesn’t get addicted to the same and are just casual betters. They are there to enjoy a race or a game, and when they see other people gambling, they try out their luck.
Can Sports betting make you rich?
Image Source: Entrepreneur
If I have to answer the question in one word, then yes, betting can make you rich. But, the chances of you becoming a millionaire by betting on sports in pretty slim. Research shows that even if someone wins a considerable amount of gambling on sports, the entire experience that it brings makes you bet even more. And as we discussed above, the dopamine addiction makes it a never-ending cycle.
Why Is Gambling Illegal
The world of Sports betting is huge and also very addictive at the same time. But the critical thing to note is that its best for us to enjoy a sport as a sport and not as a medium to earn a quick buck. Most of the time, you lose money, and to cover up the losses end up losing even more. Even worse, you win a few times and get addicted to the rush and then lose everything. So, its always recommended to stay away from betting.
So, yes, if you are thinking about betting on IPL matches this season, think twice before you do it. If you agree with my view on sports betting, do like and share it with your friends. And if you don’t, let me know your point of view in the comments below.
Read: Why Mobile Sports Betting Is Growing Despite Regulatory Hurdles?
The legality of betting and gambling has been a subject of extensive debate over the course of many years. Although in India playing of cards and rolling of dice has been in existence since time immemorial, yet, one often comes across the debates on gambling on both legal and ethical fronts. While one section seeks to legalize gambling because of the revenue it might generate for the government, the other section has been reluctant to do so owing to issues like corruption and money laundering that might germinate from it.
While the Law Commission of India, in 2018, in its report on Legalizing of Betting and Gambling in Sports recommended for regulating the gambling industry, no substantial progress has been made in this direction. The commission opined that the inability of the state to completely ban the betting and gambling has lead to corruption in sports which could be resolved if the industry is adequately regulated. This would also lead to generation of revenue to the government.
The Law Commission rightly noted that the ban is not absolute and the industry is highly unregulated. This observation stems from the fact that India has legislations relating to regulation of gambling both at central and state level, which adds to the already existing conundrum. Additionally, the legislations in place often pre-date technological advances and therefore fail to address the recent emergence of online gambling.
The legislation in place, the Public Gaming Act of 1867, is a federal legislation which outlaws the operation or being the person in-charge of a public gaming house. It states that it is illegal to operate a public gaming house and also prohibits people from visiting gambling houses. The contravention of this law attracts a fine of Rupees 200 or imprisonment upto 3 months. However, the Act is archaic and does not specifically address the aspect of online gambling. The Act itself predates the recent advancements in technology and fails to address online gambling. Due to this fact, millions of people in India indulge in online gambling on sports and casinos.
Another legislation, the Information Technology Act, 2000 regulates cyber activities in India but does not address legality of gambling or betting. The Act does not specifically address online gaming or gambling thereby making no impact on legal position of online gambling.
Further Entry No.34 of List II of the Constitution of India, 1950 empowers the states to make laws on betting and gambling. Due to this entry, many states in India have their own legislations dealing with gambling and are subject to different interpretations. For example, Bombay Wager Act bans online gambling in the state of Maharashtra and Delhi Public Gambling Act, 1955 bans gambling in the union territory of Delhi but makes an exception for ‘game of skill’. However, the states of Goa and Sikkim are the only states that have legalized gambling with appropriate licensing requirements and at restricted places. The Goa Gambling Act, 1976 allows playing of cards at off-shore vessel. Sikkim is the only state to have a law on online gaming which is the Sikkim Online Gaming (Regulation) Act, 2008. The Act however was later amended to restrict online gaming activities to physical gaming parlours in Sikkim through the internet.
In recent past, we have seen mushrooming of online gambling games such as Rummy, Casino etc. where millions of people rush to test their fate. Since, the law does not adequately address the legality of online gambling, this remains a grey area which requires intervention on part of either legislature or judiciary. While in several Supreme Court decisions Rummy has not been held to be gambling, the clarity is still required when it comes to online casinos.
Is Gambling Is Legal In India
Rummy has been held to be a game of skill similar to horse racing and is therefore legal in India. However, games like Casinos are a game of chance involving high monetary stakes which amounts to gambling as per Public Gaming Act of 1867. This inference is not difficult to draw as the issue that courts consider while deciding on gambling is whether a particular game is a ‘game of skill’ or a ‘game of chance’. Because of this uncertainty there is no organization that operates the online casino in India. So whether online Casinos are legal in India is the question that has a negative answer. However, indulging in online Casino games would not be considered to be illegal if the site is outside the jurisdiction of India. Due to the fact that the laws of India are not applicable to an overseas organization or gaming site, we continue to see an upsurge in the number of people engaging in this activity. Perhaps, the time is ripe for the Indian legislature and judiciary to end this conundrum and regulate the laws relating to online gambling.