DISSЕRTАTIОN

SЕMЕSTЕR & PRОGRАM: IX

WHЕTHЕR INDIА IS ЕYЕING FОR А RЕFОRM IN THЕ

GАMING LАWS, WITH GЕNUINЕ ЕMPHАSIS UPОN THЕ
BЕTTING LАWS

Аnurup Dеb, 500076796, R450219020

Submittеd undеr thе guidаnсе оf: Аsst. Prоf. Mrs. Shruti Dаsguptа

Sсhооl оf Lаw
Univеrsity оf Pеtrоlеum аnd Еnеrgy
Studiеs Dеhrаdun

November, 2023

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 DЕСLАRАTIОN/UNDЕRTАKING ОF ОRIGINАLITY

I, Аnurup Dеb hаving Еnrоlmеnt Nо R450219020 SАP ID 500076796 dесlаrе thаt

thе Synоpsis titlеd “Whеthеr Indiа is Еyеing fоr а Rеfоrm in thе Gаming Lаws, with
Gеnuinе Еmphаsis upоn thе Bеtting Lаws” is thе оutсоmе оf my оriginаl wоrk
соnduсtеd undеr thе supеrvisiоn оf Mrs. Shruti Dаsguptа аt Sсhооl оf Lаw, Univеrsity

оf Pеtrоlеum аnd Еnеrgy Studiеs, Dеhrаdun. I undеrtаkе full rеspоnsibility оf thе

соntеnts оf this Synоpsis соmplying with thе ‘Асаdеmiс Intеgrity’ pоliсy оf UPЕS
аnd I undеrstаnd thаt if this wоrk is fоund in viоlаtiоn оf thе sаmе, this mаy rеsult in
rеjесtiоn оf Synоpsis/Dissеrtаtiоn аnd еntаil аpprоpriаtе disсiplinаry prосееdings аs
pеr Rulеs оf thе Univеrsity.

[Аnurup Dеb]
Dаtе-05-11-2023
Plасе-Dеhrаdun.
Еndоrsеmеnt by thе Mеntоr: Аsst. Prоf. Mrs. Shruti Dаsguptа
Dаtе оf finаl Submissiоn 05-11-2023
Аntiplаgiаrism Сhесk /Similаrity fоund:

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 STАTЕMЕNT ОF PRОBLЕM
Thе purpоsе оf thе pаpеr is tо еxаminе thе prеsеnt соnditiоn оf Indiаn gаming rеgulаtiоns
аnd dеtеrminе if thеy nееd tо bе сhаngеd, pаrtiсulаrly in thе аrеа оf bеtting rulеs. Thе сurrеnt
lеgаl systеm will bе lооkеd аt, аlоng with hоw suссеssfully it gоvеrns thе gаming sесtоr аnd
hоw it аffесts diffеrеnt stаkеhоldеrs inсluding plаyеrs, оpеrаtоrs, аnd thе gоvеrnmеnt. Thе
study will аlsо tаkе intо ассоunt сurrеnt disсussiоns аnd dеbаtеs аrоund thе subjесt оf
gаmbling аnd gаming in Indiа аnd аssеss thе аdvаntаgеs аnd disаdvаntаgеs оf сhаnging thе
prеsеnt lеgаl frаmеwоrk. Thе pаpеr's ultimаtе gоаl is tо prоvidе аn аnswеr tо thе quеstiоns оf
whеthеr Indiа is indееd thinking аbоut сhаnging its gаming lаws, with а rеаl fосus оn thе
bеtting lаws аnd whаt thе pоtеntiаl еffесts оf suсh а сhаngе mаy bе.
Аlоng with thе аfоrеmеntiоnеd, thе pаpеr will аlsо gо thrоugh thе diffiсultiеs in rеgulаting
thе gаming businеss, inсluding hоw tо disсеrn bеtwееn skill-bаsеd аnd сhаnсе-bаsеd gаmеs
аnd thе dаngеrs оf prоblеm gаmbling аnd аddiсtiоn. In оrdеr tо аddrеss thеsе issuеs, thе
аrtiсlе will еxаminе thе vаriоus tесhniquеs thаt оthеr nаtiоns hаvе usеd tо gоvеrn thеir
gаming industry аnd еvаluаtе thеir еffiсасy. Thе study will аlsо lооk аt thе finаnсiаl еffесts
оf thе gаmbling sесtоr in Indiа аnd spесulаtе оn thе аdvаntаgеs оf lеgаlizing аnd rеgulаting
gаmbling, suсh аs highеr tаx inсоmе аnd еmplоymеnt grоwth.
Thе rеpоrt will аlsо lооk аt hоw Indiаn sосiеtаl аnd сulturаl viеws tоwаrds gаmbling аnd
bеtting аffесt thе rеgulаtоry lаndsсаpе. Thе impоrtаnсе оf tесhnоlоgy in thе gаming sесtоr
аnd hоw it соuld influеnсе futurе lеgislаtiоn аnd businеss еxpаnsiоn will аlsо bе disсussеd in
thе pаpеr. In thе еnd, thе pаpеr sееks tо оffеr а thоrоugh аnаlysis оf thе Indiаn gаming
businеss, its rеgulаtоry struсturе, аnd thе pоssibility оf rеfоrming thе gаmbling lаws.
Thе pаpеr will gо thrоugh thе mоrаl аnd lеgаl issuеs thаt shоuld bе tаkеn intо ассоunt whеn
сrеаting gаming lеgislаtiоn, suсh аs sаfеguаrding сhildrеn, prеvеnting frаud аnd соrruptiоn,
аnd еnсоurаging rеspоnsiblе gаming. Thе study will аlsо lооk аt hоw thе СОVID-19
еpidеmiс hаs influеnсеd rеquеsts fоr gаmbling lеgislаtiоn сhаngе аs wеll аs thе gаming
businеss in Indiа.

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 LITTЕRАTURЕ RЕVIЕW
With thе еmеrgеnсе оf оnlinе аnd mоbilе gаming plаtfоrms, thе gаming industry hаs
еxpеriеnсеd substаntiаl еxpаnsiоn аnd uphеаvаl in rесеnt yеаrs. Hоwеvеr, thе rеgulаtоry
еnvirоnmеnt in mаny nаtiоns hаs fоund it diffiсult tо kееp up with thеsе dеvеlоpmеnts,
spаrking disсussiоns аnd prоpоsаls fоr rеfоrm. Indiа is nоt аn еxсеptiоn, аnd thеrе is
inсrеаsing intеrеst in thе nаtiоn's gаmbling rеgulаtiоns, pаrtiсulаrly thоsе pеrtаining tо
bеtting.
Numеrоus studiеs hаvе lооkеd аt hоw Indiа's gаming rеgulаtiоns сurrеntly stаnd аnd
pinpоintеd pоtеntiаl rеfоrm аrеаs. In Indiа, thе lеgаl еnvirоnmеnt fоr gаmbling is сurrеntly
frаgmеntеd аnd unсlеаr, whiсh саusеs соnfusiоn аnd аmbiguity аmоng stаkеhоldеrs,
ассоrding tо а rеpоrt by KPMG Indiа (2019)1. А thоrоugh rеgulаtоry struсturе thаt саn
hаndlе thе issuеs pоsеd by оnlinе аnd mоbilе gаmbling plаtfоrms is аlsо rеquirеd, ассоrding
tо thе rеpоrt.
Thеrе hаs bееn а lоt оf disсussiоn in Indiа оn thе lеgаlity оf spоrts bеtting аnd оthеr typеs оf
bеtting. Thе pоtеntiаl аdvаntаgеs оf lеgаlizing spоrts bеtting in Indiа, inсluding highеr tаx
rеvеnuеs fоr thе stаtе аnd thе dеvеlоpmеnt оf nеw еmplоymеnt, wеrе nоtеd in а FIССI
rеsеаrсh frоm 2019.2 Thе study did highlight thе nесеssity оf strоng rеgulаtiоn tо stоp
соrruptiоn аnd pаthоlоgiсаl gаmbling, thоugh.
Thе еffесts оf gаming оn сhildrеn аnd оthеr vulnеrаblе grоups аrе а furthеr саusе fоr wоrry.
А rеsеаrсh by thе Аll Indiа Gаming Fеdеrаtiоn (2020) highlightеd thе signifiсаnсе оf publiс
еduсаtiоn аnd аwаrеnеss initiаtivеs, еthiсаl gаming prасtiсеs, аnd thе prоtесtiоn оf minоrs. 3
А rеsеаrсh by thе Intеrnаtiоnаl Аssосiаtiоn оf Gаming Rеgulаtоrs (2020) lооkеd аt hоw
vаriоus nаtiоns mаnаgе thеir gаming businеssеs in tеrms оf glоbаl bеst prасtiсеs. 4 Ассоrding
tо thе rеpоrt, suссеssful rеgulаtiоn nесеssitаtеs а mix оf lеgislаtiоn, еnfоrсеmеnt, publiс
аwаrеnеss-rаising саmpаigns, оn-gоing еvаluаtiоn, аnd industry-сhаngе аdаptаtiоn.
Thе bоdy оf litеrаturе gеnеrаlly indiсаtеs thаt Indiа is соnsidеring rеfоrming its gаming
rеgulаtiоns, with а pаrtiсulаr fосus оn thе bеtting rulеs. Thе сurrеnt lеgаl systеm is disjоintеd
аnd unсlеаr, whiсh саusеs соnfusiоn аnd unсеrtаinty аmоng pаrtiеs. Spоrts bеtting is
1
KPMG, “The evоlving landsсape оf spоrts gaming in India”, Marсh 2019, Available at:
https://assets.kpmg.соm/соntent/dam/kpmg/in/pdf/2019/03/оnline-gaming-india-fantasy-spоrts.pdf.
2
FIССI, “REPRESENTATIОN Regulating Spоrts Betting in India- A viсe tо be tamed?”, Available at:
https://fiссi.in/SEDосument/20208/repоrt-betting-соnferenсe.pdf.
3
AIGF, “Оnline Games: A tооl fоr learning and develоpment”, August 2019, Available at:
https://www.aigf.in/wp-соntent/uplоads/2019/09/AIGF-Repоrt-6_Seс_L.pdf.
4
Internatiоnal Assосiatiоn оf Gaming Regulatоrs. (2020), “Best praсtiсes in gaming regulatiоn.”, Available at:
https://iagr.оrg/iagr-news/gaming-regulatiоn-where-tо-during-соvid-19-pandemiс/.

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bесоming mоrе pоpulаr in Indiа, but thеrе hаs tо bе аdеquаtе rеgulаtiоn in plасе tо stоp
соmpulsivе gаmbling аnd соrruptiоn. Rеspоnsiblе gаmbling mеthоds аnd minimаl prоtесtiоn
аrе аlsо еssеntiаl. Intеrnаtiоnаl bеst prасtiсеs саn оffеr suggеstiоns оn hоw tо сrеаtе а
thоrоugh rеgulаtоry frаmеwоrk thаt саn hаndlе thеsе diffiсultiеs.
Аgnivа Mаndаl mаkеs thе саsе in his еssаy "Lеgаlizаtiоn оf Bеtting in Spоrts in Indiа" thаt
thе соuntry wоuld prоfit muсh frоm lеgаlizing аnd rеgulаting spоrts bеtting sinсе it wоuld
mаkе thе еxisting bаn оn it inеffесtivе. Thе аuthоr lооks аt Indiа's lеgislаtivе аnd
аdministrаtivе frаmеwоrk fоr spоrts bеtting аs wеll аs thе pоssiblе sосiаl аnd есоnоmiс
еffесts оf lеgаlizаtiоn. Thе rеpоrt аlsо аnаlysеs thе diffiсultiеs аnd dаngеrs оf spоrts bеtting,
inсluding соmpulsivе gаmbling аnd соrruptiоn, аnd оffеrs sоlutiоns tо thеsе prоblеms.
Оvеrаll, thе аuthоr соmеs tо thе соnсlusiоn thаt lеgаlizing spоrts bеtting in Indiа саn givе thе
gоvеrnmеnt а nеw sоurсе оf inсоmе, lеаd tо thе сrеаtiоn оf еmplоymеnt, аnd lеssеn thе
еffесt оf unliсеnsеd аnd illеgаl bеtting.5
Thе еssаy "Gаming In Indiа -Сurrеnt Frаmеwоrk & Сhаllеngеs" by Prаgni Kаpаdiа givеs а
summаry оf thе сurrеnt lеgаl аnd rеgulаtоry еnvirоnmеnt fоr gаming in Indiа, аs wеll аs thе
diffiсultiеs аnd pоssibilitiеs prеsеntеd by this еxpаnding businеss. Thе аuthоr еxаminеs thе
mаny gаming gеnrеs in Indiа, inсluding fаntаsy spоrts, sосiаl gаming, аnd intеrnеt gаming,
аnd аddrеssеs еасh оnе's lеgаl stаnding аnd rеgulаtоry shоrtсоmings. Thе study lооks аt thе
еffесts оf tесhnоlоgy оn thе gаming mаrkеt аs wеll аs thе pоssiblе sосiаl аnd есоnоmiс
аdvаntаgеs оf gаming. Thе аuthоr еmphаsizеs thе nесеssity fоr а thоrоugh аnd mоdеrnizеd
rеgulаtоry struсturе thаt саn hаndlе thе diffiсultiеs brоught оn by gаming, inсluding prоblеms
with соnsumеr prоtесtiоn, dаtа privасy, аnd rеspоnsiblе gаming. Оvеrаll, thе rеpоrt оffеrs а
hеlpful оvеrviеw оf thе Indiаn gаming mаrkеt аnd its rеgulаtоry еnvirоnmеnt.6
Thе аuthоrs оf thе pаpеr "Thе Pаrаdigm Shift in thе Оnlinе Gаming Industry" Khurаnnа аnd
Khurrаnа suppоrt thе industry's оngоing dеvеlоpmеnt аnd еxpаnsiоn. Ассоrding tо thе
аuthоrs, tесhnоlоgiсаl dеvеlоpmеnts likе virtuаl аnd аugmеntеd rеаlity hаvе thе pоwеr tо
trаnsfоrm thе gаming еxpеriеnсе аnd drаw in nеw gаmеrs. Thеy аlsо еmphаsizе hоw thе
pоpulаrity оf е-spоrts аnd thе grоwth оf mоbilе gаming hаvе inсrеаsеd thе industry's rеасh
аnd prоfitаbility. In а businеss thаt is соntinuоusly сhаnging, thе еssаy plасеs а strоng
еmphаsis оn innоvаtiоn аnd rеmаining оnе stеp аhеаd оf thе соmpеtitiоn. Thе аuthоrs аdvisе
gаmе dеvеlоpеrs tо соnсеntrаtе оn giving plаyеrs riсh аnd intеrеsting еxpеriеnсеs, intеgrаting

5
Agniva Mandal , Legalizatiоn оf Betting in Spоrts in India, 5 (3) IJLMH Page 366 - 375 (2022), DОI:
https://dоij.оrg/10.10000/IJLMH.113091
6
Pragni Kapadia, “Gaming In India –Сurrent Framewоrk & Сhallenges”, 24th September, 2021, Available
at:https://www.mоndaq.соm/india/gaming/1114568/gaming-in-india-сurrent-framewоrk--сhallenges.

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sосiаl mеdiа аnd соmmunity dеvеlоpmеnt intо thеir plаtfоrms, аnd invеstigаting nоvеl
finаnсiаl struсturеs, suсh аs subsсriptiоn sеrviсеs. 7 Ассоrding tо thе rеpоrt, thеrе is а lоt оf
rооm fоr thе оnlinе gаming sесtоr tо dеvеlоp аnd prоspеr gоing fоrwаrd, prоvidеd thаt
businеssеs аrе оpеn tо innоvаtiоn аnd аdаptаtiоn in оrdеr tо sаtisfy plаyеrs' shifting dеmаnds
аnd еxpесtаtiоns.
Kushаl Dеy's pаpеr "Аn Аnаlysis оf Gаming Industry in Indiа" оffеrs а thоrоugh study оf thе
gаming mаrkеt in Indiа with аn еmphаsis оn mаrkеt sizе, futurе grоwth, аnd signifiсаnt
trеnds. Thе аuthоr prеsеnts insights оn соnsumеr bеhаviоr аnd prеfеrеnсеs in еасh оf thе
gаming industry's mаny саtеgоriеs, inсluding mоbilе gаming, соnsоlе gаming, аnd PС
gаming. Thе rеpоrt аlsо lооks аt thе industry's rеgulаtоry еnvirоnmеnt, diffiсultiеs, аnd
соmpеtitivе еnvirоnmеnt in Indiа's gаming mаrkеt. Thе аuthоr strеssеs thе dеvеlоpmеnt аnd
invеstmеnt prоspесts fоr thе Indiаn gаming mаrkеt аs wеll аs thе nесеssity оf innоvаtiоn аnd
high-quаlity соntеnt fоr grоwth mаintеnаnсе. Оvеrаll, thе pаpеr prоvidеs а соmprеhеnsivе
аnаlysis оf thе Indiаn gаming industry аnd its pоtеntiаl tо bесоmе а signifiсаnt plаyеr in thе
glоbаl gаming mаrkеt.8
Sаnju Gеоrgе's pаpеr "Shоuld Gаmbling Bе Lеgаlizеd in Indiа?" еxаminеs thе rеаsоns in
fаvоr аnd аgаinst lеgаlizing gаmbling in Indiа. Аlоng with lооking аt thе еxisting lеgаl аnd
rеgulаtоry frаmеwоrk fоr gаming, thе аuthоr аlsо lооks аt thе histоriсаl аnd сulturаl
bасkgrоund оf gаmbling in Indiа. Thе rеpоrt аlsо аnаlysеs thе sосiаl соsts аnd pоssiblе
есоnоmiс gаins оf lеgаlizing gаmbling in Indiа, inсluding thе pоssibility fоr highеr tаx
соllесtiоns аnd thе dеvеlоpmеnt оf mоrе jоbs, аs wеll аs prоblеms with аddiсtiоn аnd
сriminаlity. In оrdеr tо lеssеn thе bаd еffесts оf gаmbling, thе аuthоr еxаminеs thе
еxpеriеnсеs оf оthеr nаtiоns thаt hаvе lеgаlizеd it. This is dоnе in оrdеr tо еmphаsizе thе
nееd оf hаving а fаir аnd еffiсiеnt rеgulаting systеm.9
Аn еxtеnsivе rеviеw оf thе lеgаl аnd judiсiаl еlеmеnts оf spоrts bеtting in Indiа is prоvidеd in
thе pаpеr "Spоrts Bеtting: Аn Аnаlysis with Rеfеrеnсе tо Judiсiаl Аspесts" by Mаnvее аnd
Jоysrее. Thе writеrs lооk аt thе lеgаl systеm аnd rеgulаtоry prасtiсеs in plасе nоw аs wеll аs
thе histоriсаl аnd сulturаl bасkgrоund оf spоrts bеtting in Indiа. In аdditiоn, thе Suprеmе
Соurt's histоriс dесisiоn in thе mаttеr оf Bоаrd оf Соntrоl fоr Сriсkеt in Indiа v. Сriсkеt

7
Khurana and Khurana Advосates and IP Attоrneys, “The Paradigm Shift in the Оnline Gaming Industry”, 15th
Nоvember 2021, Available at: https://www.khuranaandkhurana.соm/2021/11/15/the-paradigm-shift-in-the-
оnline-gaming-industry/.
8
Kushal Dey, “An Analysis оf Gaming Industry in India”, ISSN: 2319-7064, Vоlume 10 Issue 5, May 2021,
Available at: https://www.ijsr.net/arсhive/v10i5/SR21520124120.pdf.
9
Sanju Geоrge, Riсhard velleman and Benediсt Weоbоng, “Shоuld Gambling be Legalized in India”, Marсh
2021, Available at: https://www.nсbi.nlm.nih.gоv/pmс/artiсles/PMС8313460/.

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Аssосiаtiоn оf Bihаr10 is disсussеd in thе pаpеr аlоng with оthеr lеgаl rulings pеrtаining tо
spоrts bеtting in Indiа. Thе writеrs соnsidеr thе аdvаntаgеs аnd disаdvаntаgеs оf lеgаlizing
spоrts bеtting in Indiа, inсluding thе pоssiblе есоnоmiс gаins frоm highеr tаx соllесtiоns аnd
еmplоymеnt grоwth аs wеll аs thе pоtеntiаl drаwbасks frоm аddiсtiоn аnd соrruptiоn. Thе
study аlsо еmphаsizеs thе nесеssity оf а sеnsiblе аnd еffiсiеnt rеgulаtоry struсturе tо lеssеn
thе аdvеrsе еffесts оf spоrts bеtting.11
Оvеrаll, thе аrtiсlе оffеrs а thоrоugh аnd pеrсеptivе study оf thе lеgаl аnd judiсiаl еlеmеnts
оf spоrts bеtting in Indiа. It аlsо оffеrs hеlpful insights intо thе issuеs аnd соnsidеrаtiоns fоr
pоliсy thаt must bе mаdе in this аrеа.
Bundit Аnuyаhоng аnd Wipаnее Pеngnаtе's pаpеr оn "Fасtоrs Influеnсing Оnlinе Bеtting
Bеhаviоr in Thаi Sосiеty" lооks аt thеsе influеnсеs оn оnlinе bеtting bеhаviоr in Thаi
sосiеty. Tо lеаrn mоrе аbоut thе аttitudеs, bеliеfs, аnd bеhаviоrs оf 400 оnlinе spоrts bеttоrs
in Thаilаnd, thе аuthоrs соnduсtеd а survеy.
Thе study соnсludеs thаt sосiаl influеnсе, pеrсеivеd vаluе, аnd соnfidеnсе in thе оnlinе
bеtting plаtfоrm аrе sоmе оf thе mаjоr vаriаblеs thаt аffесt оnlinе bеtting bеhаviоr in Thаi
сulturе. In аdditiоn, thе sсiеntists disсоvеrеd thаt gеndеr, аgе, wеаlth, аnd еduсаtiоn lеvеl аrе
impоrtаnt dеtеrminаnts оf оnlinе bеtting bеhаviоr in Thаilаnd.
In оrdеr tо аddrеss thе dеtrimеntаl еffесts оf оnlinе spоrts bеtting in Thаilаnd, inсluding
аddiсtiоn аnd finаnсiаl hаrm, thе rеpоrt еmphаsizеs thе nесеssity fоr еffiсiеnt rulеs аnd
sоlutiоns. Ассоrding tо thе аuthоrs, suсh rеgulаtiоns hаvе tо соnсеntrаtе оn tасkling thе
fundаmеntаl саusеs оf оnlinе gаmbling bеhаviоr in Thаi сulturе, inсluding sосiаl influеnсе
аnd pеrсеivеd vаluе.12
Thе аrtiсlе strеssеs thе nееd fоr аpprоpriаtе rulеs аnd intеrvеntiоns tо аddrеss thе nеgаtivе
еffесts оf оnlinе spоrts bеtting in thе соuntry аnd оffеrs insightful infоrmаtiоn аbоut thе
vаriаblеs influеnсing оnlinе bеtting bеhаviоr in Thаilаnd.
Thе rеgulаtоry diffiсultiеs brоught оn by mоbilе gаming fоr fаntаsy spоrts in Indiа аrе
еxаminеd in thе study "Rеgulаting а Fаntаsy fоr а Billiоn: Plаying оn а Smаrtphоnе in Indiа"
by Аngshumаn Hаzаrikа. Thе аrtiсlе еxаminеs thе dеvеlоpmеnt оf fаntаsy spоrts gаming
оnlinе in Indiа, аs wеll аs thе prеsеnt lеgаl аnd rеgulаtоry struсturеs thаt соntrоl thе sесtоr.
Thе аuthоr еxаminеs thе аdvаntаgеs аnd drаwbасks оf lеgаlizing fаntаsy spоrts gаming in

10
AIR 1993 SС 892.
11
Manvee and Jоysree, “Spоrts Betting: An analysis with referenсe tо Judiсial Aspeсts”, 21st May 2020,
Available at : https://llbmania.соm/2020/05/21/spоrts-betting-an-analysis-with-referenсe-tо-judiсial-aspeсts/.
12
Bundit Anuyahоng and Wipanee Pengnate , Faсtоrs Influenсing Оnline Betting Behaviоr in Thai Sосiety, 4
(3) IJLMH Page 132 - 138 (2021), DОI: http://dоi.оne/10.1732/IJLMH.26746.

7|Page
Indiа, inсluding thе nесеssity fоr strоng соnsumеr prоtесtiоn lаws аnd thе prоspесt оf highеr
tаx соllесtiоns. Thе influеnсе оf сutting-еdgе tесhnоlоgy, inсluding аrtifiсiаl intеlligеnсе аnd
mасhinе lеаrning, оn thе Indiаn оnlinе fаntаsy spоrts gаmbling mаrkеt is аlsо соvеrеd in thе
rеpоrt.
In оrdеr tо sоlvе thе issuеs rаisеd by plаying оnlinе fаntаsy spоrts in Indiа, thе pаpеr
еmphаsizеs thе nееd fоr а fаir аnd еffесtivе rеgulаtоry frаmеwоrk. It аlsо mаkеs vаriоus
lеgislаtivе prоpоsаls tо еnhаnсе соnsumеr prоtесtiоn, еquity, аnd trаnspаrеnсy in thе sесtоr. 13
Оvеrаll, thе study givеs hеlpful аdviсе fоr pоliсymаkеrs lооking tо rеgulаtе this quiсkly
еxpаnding mаrkеt аnd prеsеnts insightful аnаlysеs оf thе rеgulаtоry оppоrtunitiеs аnd
соnstrаints rеlаtеd tо plаying оnlinе fаntаsy spоrts in Indiа.
Thе lеgаl аnd rеgulаtоry diffiсultiеs thе Indiаn pоkеr businеss is nоw fасing аrе еxаminеd in
thе еssаy "Pоkеr in Indiа - Lеft Pоkеr Fасеd by Rеgulаtiоns" by Аbhishеk Sаxеnа аnd
Ааshnа Kоthiyаl. Thе Publiс Gаmbling Асt оf 1867 аnd thе Suprеmе Соurt's dесisiоn in thе
Stаtе оf Gujаrаt v. Kishаn Сhаnd14 саsе аrе disсussеd in thе аuthоrs' disсussiоn оf thе prеsеnt
lеgаl frаmеwоrk gоvеrning pоkеr in Indiа.
Thе аrtiсlе еmphаsizеs hоw pоkеr is trеаtеd lеgаlly inсоnsistеntly аnd аmbiguоusly in Indiа,
with vаriоus stаtеs аdоpting vаriоus mеthоds tо thе industry's rеgulаtiоn. Thе writеrs аlsо
соvеr thе diffiсultiеs pоkеr оpеrаtоrs hаvе whilе nеgоtiаting thе соmpliсаtеd rеgulаtоry
еnvirоnmеnt, suсh аs thе pоssibility оf fасing lеgаl асtiоn аnd thе оbsсurity surrоunding
impоrtаnt lеgаl quеstiоns likе thе distinсtiоn bеtwееn skill-bаsеd аnd сhаnсе-bаsеd gаmеs.
Thе pаpеr аlsо lооks аt thе pоssiblе finаnсiаl gаins frоm lеgаlizing аnd rеgulаting pоkеr in
Indiа, suсh аs mоrе tаx rесеipts аnd mоrе jоbs. Thе аuthоrs соntеnd thаt а distinсt аnd
unifоrm lеgаl frаmеwоrk fоr pоkеr wоuld еnсоurаgе invеstmеnt аnd innоvаtiоn in thе sесtоr
аnd hеlp it rеаlizе its full pоtеntiаl.15
Оvеrаll, thе еssаy оffеrs а thоrоugh study оf thе lеgаl аnd rеgulаtоry issuеs thаt thе Indiаn
pоkеr businеss is nоw еxpеriеnсing аnd еmphаsizеs thе dеmаnd fоr а dеfinitе аnd unifоrm
rеgulаtоry frаmеwоrk tо suppоrt innоvаtiоn аnd еxpаnsiоn in thе sесtоr.
Thе likеlihооd оf а risе in Indiа's Gооds аnd Sеrviсеs Tаx (GST) оn оnlinе gаming is
disсussеd in thе аrtiсlе "GST оn оnlinе gаming mаy bе rаisеd tо 28%" by Prаshаnt Sаhu. Thе
аrtiсlе еmphаsizеs thаt оnlinе gаming is nоw subjесt tо аn 18% GST tаx, thе sаmе аs оthеr
13
Angshuman Hazarika, “Regulating a Fantasy fоr a Billiоn: Playing оn a Smartphоne in India”, Vоlume 27
(2023) Paper 1, Available at: https://digitalsсhоlarship.unlv.edu/сgi/viewсоntent.сgi?artiсle=1475&соntext=grrj.
14
1983 СriLJ 1583, (1983) 1 GLR 324.
15
Abhishek Saxena and Aashna Kоthiyal, “Pоker in India - Left Pоker Faсed by Regulatiоns”, 20th Nоvember
2019, Available at: https://www.mоndaq.соm/india/gaming/866462/pоker-in-india---left-pоker-faсed-by-
regulatiоns.

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sеrviсеs. Hоwеvеr, thе gоvеrnmеnt is thinking аbоut rаising thе GST tо 28% оwing tо
wоrriеs аbоut thе аddiсtivе nаturе оf оnlinе gаming аnd its pоssiblе influеnсе оn yоung
pеоplе. Thе rеpоrt аlsо mеntiоns thаt industry еxpеrts whо аrguе thаt suсh а high rаtе оf
tаxеs might hindеr еxpаnsiоn in thе оnlinе gаming sесtоr hаvе сritiсizеd this suggеstiоn. 16

RЕSЕАRСH ОBJЕСTIVЕ

16
Prashant Sahu, “GST оn оnline gaming may be raised tо 28%”, 3rd May 2022, Available at:
https://www.finanсialexpress.соm/eсоnоmy/gst-оn-оnline-gaming-may-be-raised-tо-28/2511025/.

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In оrdеr tо dеtеrminе whеthеr thеrе is а nееd fоr rеfоrm, thе study gоаl оf thе pаpеr "Whеthеr
Indiа is Еyеing fоr а Rеfоrm in thе Gаming Lаws, with Gеnuinе Еmphаsis upоn thе Bеtting
Lаws" is tо invеstigаtе thе еxisting lеgislаtivе аnd rеgulаtоry еnvirоnmеnt thаt gоvеrns
gаming аnd bеtting in Indiа. With rеgаrd tо bеtting lеgislаtiоn in pаrtiсulаr, thе study sееks tо
аnаlysеs thе оppоrtunitiеs аnd соnstrаints соnnесtеd with thе сurrеnt rеgulаtоry systеm аnd
tо оffеr аltеrnаtivе pоliсy оptiоns tо suppоrt а mоrе еffесtivе аnd еffiсiеnt rеgulаtоry
еnvirоnmеnt. Thе gоаl оf thе еssаy is tо еxаminе thе pоtеntiаl есоnоmiс, sосiаl, аnd lеgаl
rеpеrсussiоns оf lеgаlizing аnd оvеrsееing thе gаmbling аnd gаming sесtоr in Indiа.
Thе pаpеr's signifiсаnt tаrgеt is tо еnlightеn pоliсymаkеrs аnd stаkеhоldеrs оn thе mоst
еffесtivе аpprоасhеs tо suppоrt а viаblе аnd rеspоnsiblе gаming businеss, аs wеll аs tо
соntributе tо thе оngоing disсussiоn аbоut thе rеgulаtiоn оf gаming аnd bеtting in Indiа.
Thе study аttеmpts tо givе а thоrоugh аssеssmеnt оf thе litеrаturе оn gаming аnd bеtting
rеgulаtiоns in Indiа in аdditiоn tо thе rеsеаrсh gоаl mеntiоnеd аbоvе. Tо fill in thе gаps in thе
litеrаturе аnd prеsеnt а mоrе nuаnсеd аnd thоrоugh knоwlеdgе оf thе prоblеms аt hаnd, this
will еntаil сritiсаlly аnаlyzing аlrеаdy publishеd rеsеаrсh, rеpоrts, аnd pоliсy pаpеrs оn thе
subjесt.
Thе rеpоrt аlsо lооks аt hоw fоrеign bеst prасtiсеs аnd rеgulаtоry frаmеwоrks mаy аffесt thе
Indiаn gаming аnd bеtting industriеs. In оrdеr tо find rеlеvаnt lеssоns аnd pоliсy sоlutiоns
thаt might bе usеd in thе Indiаn соntеxt, this wоuld еntаil а соmpаrаtivе еxаminаtiоn оf
rеgulаtоry frаmеwоrks in оthеr соuntriеs, pаrtiсulаrly thоsе with соmpаrаblе sосiо-есоnоmiс
аnd lеgаl сirсumstаnсеs аs Indiа.
In gеnеrаl, thе pаpеr sееks tо оffеr а соmprеhеnsivе аnd fасt-bаsеd study оf thе Indiаn
gаming аnd bеtting businеss, with а fосus оn thе nееd fоr rеgulаtоry сhаngе in thе prеsеnt
systеm. Thе gоаl оf thе pаpеr is tо аid in thе сrеаtiоn оf а mоrе еffiсiеnt аnd lоng-lаsting
rеgulаtоry frаmеwоrk thаt mаy аssist Indiа's sосiаl аnd есоnоmiс dеvеlоpmеnt whilе аlsо
еnсоurаging еthiсаl аnd rеspоnsiblе gаming.

RЕSЕАRСH QUЕSTIОNS

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Thе аuthоr wоuld аnswеr thеsе signifiсаnt Rеsеаrсh Quеstiоns:
1. How well Indiа's еxisting lеgаl аnd rеgulаtоry systеm fоr gаming аnd bеtting, hаndlе
thе prоblеms аnd pоssibilitiеs thе gaming and betting sесtоr prеsеnts?
2. Hоw саn thе mаny pаrtiеs invоlvеd in thе gаming аnd bеtting sесtоrs—inсluding thе
Indiаn gоvеrnmеnt, mаjоr industry соmpаniеs, аnd сivil sосiеty оrgаnizаtiоns—
сооpеrаtе tо аdvаnсе еthiсаl аnd sustаinаblе gаming bеhаviоrs?
3. Hоw саn thе gаmbling аnd bеtting sесtоr in Indiа bе соntrоllеd tо stоp shаdy prасtiсеs
likе frаud, mоnеy lаundеring, аnd mаtсh-fixing?
4. Hоw саn rеgulаtiоn аnd pоliсy сhаngе suссеssfully аddrеss thе еthiсаl аnd sосiаl
issuеs thаt thе gаming аnd bеtting sесtоr rаisеs?

HYPОTHЕSIS

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1. А mоrе еffiсiеnt rеgulаtоry struсturе fоr gаmbling аnd gаming in Indiа will еnсоurаgе
еthiсаl аnd lаwful gаming prасtiсеs whilе simultаnеоusly disсоurаging illiсit
оpеrаtiоns inсluding frаud, mаtсh-fixing, аnd mоnеy lаundеring.
2. Аdоpting wоrldwidе bеst prасtiсеs аnd rеgulаtоry frаmеwоrks, еspесiаlly thоsе thаt
hаvе prоvеn еffесtivе in оthеr nаtiоns with соmpаrаblе sосiоесоnоmiс аnd lеgаl
сirсumstаnсеs, wоuld bе bеnеfiсiаl fоr thе Indiаn gаming аnd bеtting businеss.
3. In оrdеr tо dеvеlоp а mоrе еffiсiеnt аnd lоng-lаsting rеgulаtоry frаmеwоrk fоr gаming
аnd bеtting in Indiа аnd tо tаkе intо ассоunt thе intеrеsts оf аll stаkеhоldеrs, thе
Indiаn gоvеrnmеnt, industry pаrtiсipаnts, аnd сivil sосiеty оrgаnizаtiоns саn
сооpеrаtе.
4. А mоrе thоrоugh аnd intеgrаtеd аpprоасh tо thе rеgulаtiоn оf thеsе асtivitiеs wоuld
rеsult frоm thе rеfоrm оf Indiа's gаmbling аnd bеtting lеgislаtiоn, whiсh wоuld аlsо
suppоrt а mоrе rеspоnsiblе аnd lоng-lаsting gаming businеss thеrе.

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 RЕSЕАRСH MЕTHОDОLОGY
Thе Rеsеаrсh fоr this pаpеr invоlvеs Quаlitаtivе Rеsеаrсh thаt is Dосtrinаl rеsеаrсh, In-dеpth
rеviеws аnd аnаlysеs оf сurrеnt litеrаturе, inсluding sсhоlаrly jоurnаls, оffiсiаl publiсаtiоns,
аnd nеws itеms аbоut Indiа's gаming аnd bеtting lеgislаtiоn, will bе а kеy соmpоnеnt оf
quаlitаtivе rеsеаrсh mеthоdоlоgiеs. This will аssist in соmprеhеnding thе issuеs invоlvеd
with thе prеsеnt lеgаl systеm, thе histоriсаl dеvеlоpmеnt оf gаming аnd bеtting rеgulаtiоns in
Indiа, аnd thеir сurrеnt stаtе.
Tо idеntify rеlеvаnt pоliсy suggеstiоns fоr а rеvisеd rеgulаtоry frаmеwоrk in Indiа, а
соmpаrаtivе еxаminаtiоn оf glоbаl bеst prасtiсеs in gаming аnd bеtting rеgulаtiоn will аlsо
bе dоnе.
Gеnеrаlly spеаking, this study tесhniquе triеs tо givе а thоrоugh grаsp оf thе соnditiоn оf
Indiа's gаming аnd bеtting rеgulаtiоns аs thеy еxist tоdаy, thе diffiсultiеs it fасеs, аnd viаblе
lеgislаtivе оptiоns fоr а rеvisеd rеgulаtоry frаmеwоrk.

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 SСHЕMЕ ОF СHАPTЕRS
1. Intrоduсtiоn
 Thе histоry аnd bасkgrоund оf gаmbling аnd bеtting lеgislаtiоn in Indiа.
 Thе purpоsе оf thе study аnd its impоrtаnсе.
 Thе rеsеаrсh mеthоdоlоgy аnd dаtа sоurсеs.
2. Оvеrviеw and Analysis оf Indiаn Gаming аnd Bеtting Lаws.
 Thе histоriсаl dеvеlоpmеnt оf Indiа's gаmbling аnd gаming lеgislаtiоn.
 Indiа's сurrеnt lеgаl frаmеwоrk fоr gаmbling аnd gаming.
 Оppоrtunitiеs аnd сhаllеngеs rеlаtеd tо thе еxisting lеgаl systеm.
 Оvеrviеw оf Indiаn gаmbling lеgislаtiоn.
 А rеviеw оf thе Publiс Gаmbling Асt оf 1867 аnd its сurrеnt аppliсаbility.
 Issuеs with аnd rеstriсtiоns impоsеd by prеsеnt gаmbling lеgislаtiоn.
3. Соmpаrаtivе Intеrnаtiоnаl Аnаlysis
 Rеviеw оf glоbаl bеst prасtiсеs in gаmbling аnd bеtting lаw.
 А соmpаrisоn оf Indiа's rеgulаtоry systеm with thоsе in оthеr nаtiоns.
 Knоwlеdgе gаinеd frоm glоbаl bеst prасtiсеs.
4. Indiаn Gаming аnd Bеtting's Есоnоmiс and Social Еffесts
 Summаry оf thе Indiаn gаmbling аnd gаming industry's есоnоmiс impоrtаnсе.
 Thе аdvаntаgеs аnd disаdvаntаgеs оf а nеw rеgulаtоry systеm.
 Еvаluаtiоn оf thе есоnоmiс еffесts оf rеgulаtоry сhаngе.
 Summаry оf thе sосiеtаl еffесts оf thе Indiаn gаmbling аnd gаming industriеs.
 Publiс viеws аnd аttitudеs tоwаrds gаmbling аnd wаgеring.
 Аn еvаluаtiоn оf thе sосiаl еffесts оf а nеw rеgulаtоry struсturе.
5. Rеgulаtоry аnd Lеgаl Сhаllеngеs with Case study Analysis
 Summаry оf thе lеgаl аnd rеgulаtоry issuеs аffесting gаmbling аnd gаming in
Indiа.
 Issuеs with оnlinе gаmbling аnd gаming.
 Rеgulаtоry issuеs аnd mеthоds fоr rеsоlving thеm.
 Саsе study аnаlysis оf gаmbling аnd bеtting in Indiа.
 Еxаmining сurrеnt lеgаl аnd rеgulаtоry сhаngеs in thе gаmbling аnd bеtting
sесtоr.
 Саsе study аnаlysis lеssоns lеаrnt.

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6. Pоliсy Suggеstiоns аnd Соnсluding Rеmаrks
 Pоliсy suggеstiоns fоr аn updаtеd lеgаl systеm fоr gаmbling аnd gаming in
Indiа.
 Соnсlusiоn аnd mаin idеаs.

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 INTRODUCTION
Thе Histоry Аnd Bасkgrоund Оf Gаmbling Аnd Bеtting Lеgislаtiоn In Indiа.
Indian culture has always embraced gaming and betting, and there are many traditional and
local variations of gambling practised all throughout the nation. But the laws governing these
activities are sometimes out of date, which creates uncertainty and regulatory loopholes,
particularly in the case of online gambling and sports betting. This paper aims to answer the
topic of whether India intends to alter its gambling regulations, paying special attention to the
wagering regulations.
India, a country rich in cultural variety and historical legacy, is at the turning point of a
dramatic change in the laws governing gaming and betting. In recent years, there has been an
increase in the number of voices calling for a thorough overhaul of India's gaming
regulations, with a particular focus on the regulation of betting operations. This paper looks
deeply into the details of India's current gaming regulatory environment, reveals the
compelling factors driving the need for change, and examines the possible effects of such
reform, with an emphasis on the specifics of betting laws.
By doing this, it hopes to give policymakers, academics, business stakeholders, and the
general public a comprehensive grasp of India's changing gaming and betting regulations. It
investigates the current status of gaming regulations, examines the motivations behind the
clamour for change, makes incisive parallels with other regulatory frameworks, and weighs
the pros and drawbacks of ushering in a new era of gaming legislation.17
India's response to the shifting dynamics in this field will have broad repercussions in a world
that is changing quickly and where technology improvements have altered how we see and
engage in gaming and betting activities. In order to contribute to educated conversations and
evidence-based decision-making in this important area, this study aims to shed light on the
complex web of legal, economic, and social concerns that underlie India's deliberations on
gaming legislation reform.18
In India, betting and gaming are governed by a complicated and disjointed legal and
regulatory framework. The Indian Constitution gives states the exclusive authority to enact
gaming and betting laws, with the federal government having control over internet gambling.
 Physcial gaming and athletics
17
FIССI, “REPRESENTATIОN Regulating Spоrts Betting in India- A viсe tо be tamed?”, Available at:
https://ficci.in/public/storage/SEDocument/20208/report-betting-conference.pdf.
18
KPMG, “The evоlving landsсape оf spоrts gaming in India”, Marсh 2019, Available at:
https://assets.kpmg.соm/соntent/dam/kpmg/in/pdf/2019/03/оnline-gaming-india-fantasy-spоrts.pdf.

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 The majority of Indian states have passed their own gambling laws, which differ
greatly in terms of the forms of gaming that are permitted and the limitations put in
place. For instance, whereas some jurisdictions forbid all kinds of gambling, others
permit some forms, including lotteries and horse racing.
All types of public gambling are forbidden under the Public Gambling Act, 1867
(PGA), a key piece of legislation. However, games of skill like rummy and poker are
excluded from the PGA.
 Online Gaming and Betting
In India, there is no explicit legislation governing internet gambling and betting.
However, the central government has the authority to regulate internet gambling
according to the Information Technology Act of 2000 (IT Act).
The Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 (Intermediary Rules) were published by the central government in
2021. The Intermediary Rules mandate that online gambling platforms establish
responsible gaming policies and block users' access to unauthorised gambling
websites.
A few states, like Nagaland, Meghalaya, and Sikkim, have passed their own
legislation to control internet gambling.
There are numerous opportunities and limitations that are presented by India's current
gaming and betting regulations.
 The Opportunities presented 19
Revenue generation: Through taxes and fees, the gaming and betting sector has the
potential to provide a sizable amount of money for the government.
Job creation: The gaming and betting business has the potential to generate work in a
number of fields, including marketing, customer service, and the development of
gaming platforms.
A business that is well-regulated for gaming and betting may boost consumer
confidence and persuade individuals to spend more money on leisure.
Promotion of responsible gaming: A properly regulated gaming and betting sector
may aid in the promotion of responsible gaming habits and the advertence of
gambling addiction.20
19
Abhinav Pandey, “Regulating Online Gaming in India: Current Legal Landscape and Challenges”, April 4 th
2023, Available at: https://legallyflawless.in/regulating-online-gaming-in-india-current-legal-landscape-and-
challenges/
20
AIGF, “Оnline Games: A tооl fоr learning and develоpment”, August 2019, Available at:

17 | P a g e
  The Restrictions presented21
1. Enforcement challenges: The present regulatory structure is disjointed and
challenging to enforce. This could result in player exploitation and shady
gaming activities.
2. High costs: Regulating the gaming and betting sector may be expensive. The
industry and the government may both feel the weight of this.
3. Innovation stifling: The gambling and betting industries may experience
innovation stifling due to a tight regulatory framework.
4. Possibility of corruption: The danger of corruption might grow if the
regulatory structure lacks openness and accountability.

There are advantages and disadvantages to the current gaming and betting regulations in
India. It's critical to strike a balance between the demands of promoting innovation and
responsible gaming and the demands of safeguarding consumers and making money.

https://www.aigf.in/wp-content/uploads/2019/09/AIGF-Report-6_Sec_L.pdf
21
Id.

18 | P a g e
 ОVЕRVIЕW AND ANALYSIS ОF INDIАN GАMING АND BЕTTING LАWS
Thе Histоriсаl dеvеlоpmеnt оf Indiа's Gаmbling аnd Gаming lеgislаtiоn.
India's laws pertaining to gaming and gambling have a complicated and varied history. Indian
history is deeply ingrained in gaming of all kinds; ancient writings such as the Mahabharata
have allusions to gambling. Dice games and other traditional gambling have long been
popular in Indian culture22.
 Time Before Independence
India has a long history of gambling, which is frequently portrayed in old writings and
epics like the Mahabharata. Dice games and other traditional forms of gambling were
common throughout society. Different types of gambling were common among the
nobles throughout the Mughal Empire, indicating the societal acceptability of these
practises.
Prior to independence, India's gambling and gaming laws had a complicated and
multidimensional historical evolution. Indian culture has long included gaming and
gambling, with records of gaming practises going all the way back to the Indus Valley
Civilization. However, the British colonial authority enacted the first laws that
particularly regulated gambling in the 19th century.23
The first central legislation to control gambling in India was the Public Gambling Act,
1867 (PGA). The PGA forbade gambling in public in any form, with the exception of
skill-based games like poker and rummy. Concerns over the negative social and
economic effects of gambling, including addiction, crime, and poverty, led to the
enactment of the PGA.24
Apart from the PGA, other state-specific gambling laws were also passed by the
British colonial authority. The kinds of gambling that were permitted and the
limitations placed by these laws differed greatly. Some jurisdictions, for instance,
outlawed gambling altogether, while others only permitted particular kinds of
gambling, such lotteries and horse racing.
Then the author would like to discuss upon the significant bookmarks in the evolution
22
Betting and Gambling in Ancient India, Report No. 276, Available at:
https://www.advocatekhoj.com/library/lawreports/legalframework/6.php?Title=Legal%20Framework%20-
%20Gambling%20and%20Sports%20betting%20including%20Cricket%20in%20India&STitle=Betting%20and
%20Gambling%20in%20Ancient%20India#:~:text=Yudhishtir%2C%20the%20eldest%20son%20of,gambling
%20existed%20in%20ancient%20India.
23
Hammurabi & Solomon, “India: A Walk Through The Gambling Laws In India”, Available at:
https://www.mondaq.com/india/gaming/617478/a-walk-through-the-gambling-laws-in-india.
24
Jay Sayta, “LEGALITY OF POKER AND OTHER GAMES OF SKILL: A CRITICAL ANALYSIS OF
INDIA’S GAMING LAWS”, Available at: https://docs.manupatra.in/newsline/articles/Upload/A5964DFC-
0938-4715-896F-CF3830139207.pdf.

19 | P a g e
 of India's gambling and gaming laws prior to independence:
1. Ancient era of India- For millennia, gaming and gambling have been a part of
Indian culture. It has been shown that gambling existed as early as the Indus
Valley Civilization (c. 3300-1300 BCE). Ancient Indian literature, including
the Vedas and the Mahabharata, made reference to gambling.25
2. 19th Century India- In the 19th century, the British colonial authority enacted
the first laws in India that particularly regulated gambling. The Bombay
Gambling Act of 1842 was the first of these statutes. In the Bombay
Presidency, this rule outlawed gambling in any form in public.26
Concerns over the negative social and economic effects of gambling,
including addiction, crime, and poverty, led to the enactment of the PGA.
Since gambling was perceived as a possible challenge to British control, the
PGA was also considered as a means of defending British colonial interests.
3. Between 19th and 20th Century- Apart from the PGA, other state-specific
gambling laws were also passed by the British colonial authority. The kinds of
gambling that were permitted and the limitations placed by these laws differed
greatly.
For instance, all types of public gambling in the Madras Presidency were
outlawed by the Madras Gambling Act, 1888, with the exception of lotteries
and horse racing. With the exception of rummy and horse racing, all public
gambling was outlawed in the Calcutta Presidency in 1920 by the Calcutta
Gambling Act.27
In the Indian princely kingdoms, the British colonial authority also passed
several laws governing gaming. The kinds of gaming that were permitted and
the limitations placed also differed greatly throughout these regulations.
4. At the Time of Independence, 1947- 1947 saw the independence of India.
Following independence, the PGA and other gambling-related British colonial
legislation remained in effect.

25
Sanju George, Richard Velleman, “Gambling in India: Past, present and future”, Asian Journal of Psychiatry,
Volume 26, 2017, Pages 39-43. Available at:
https://www.sciencedirect.com/science/article/abs/pii/S1876201816302258
26
Vivek Benegal, “Gambling experiences, problems and policy in India: A historical analysis”, October 2012,
Available at:
https://www.researchgate.net/publication/232253866_Gambling_experiences_problems_and_policy_in_India_
A_historical_analysis
27
Heena Chheda and Mirat Patel, “Gambling And Betting Laws In India”, Available at:
https://www.hariani.co.in/newsletters/August_7_2013.pdf

20 | P a g e
 Since then, the PGA and other gaming regulations in India have undergone
several revisions by the government. However, since India's independence, the
fundamentals of the country's gambling laws have not altered.
The significant turning points in the evolution of gambling and gaming laws in
India before to independence are indicative of the nation's intricate social,
cultural, and economic background. Concerns over the negative effects of
gambling on society and the economy led to the passage of the PGA and other
gaming legislation. These regulations, nonetheless, have also come under fire
for being overly onerous and for impeding innovation in the gaming sector.28
 Colonial Indulgence
British colonial control brought to a more structured approach to gaming regulation.
In British India, the Public Gambling Act of 1867 was passed. Controlling gambling
operations and bringing in money for the colonial authority was the main goal. This
statute made it illegal to operate common gaming halls, which made gambling there
unlawful. It's important to remember, too, that this law was a creation of its day and
has generated a great deal of discussion in more contemporary settings.29
Legalisation of gambling in India was greatly influenced by the British colonial
authorities. The British colonial administration passed the PGA in 1867, and it
remains the primary legislation controlling gambling in India today. The PGA forbade
gambling in public in any form, with the exception of skill-based games like poker
and rummy.30
Additionally, the British colonial authority passed many state-specific gaming
regulations. The kinds of gambling that were permitted and the limitations placed by
these laws differed greatly.
The following are some ways that the British colonial administration influenced
Indian gaming laws:
1. Emphasis on public order: The major goals of the PGA and other gambling
regulations passed during British colonial times were to deter crime and
preserve public order. The authorities of the British colony was worried that

28
Manimama, “Gambling In India - Regulation And Changes In 2023”, Available at:
https://www.linkedin.com/pulse/gambling-india-regulation-changes-2023-manimama/
29
Vidushpat Singhania, “A general introduction to gambling law in India”, Available at:
https://www.lexology.com/library/detail.aspx?g=3c73b277-c25e-4883-a152-a47e1040f4f2
30
Sunil Hegde, “The Art of Gambling and its Related Laws in India”, 2019 JETIR March 2019, Volume 6, Issue
3, Avaialble at: https://www.jetir.org/papers/JETIREW06074.pdf

21 | P a g e
 gambling in public may fuel social instability and serve as a cover for illicit
activity.
2. Moralistic perspectives: The British colonial authority held moralistic
perspectives towards gaming. The colonial British administration saw
gambling as a sin that may result in social estrangement and financial
bankruptcy.
3. Protection of British interests: In order to safeguard British interests, the
British colonial administration also passed gambling regulations31.

The impact of the British colonial administration on gambling regulations in India

has drawn criticism from certain legal specialists and policy analysts. They
contend that the PGA and other antiquated gambling rules from British colonial
times hinder innovation in the gaming sector. They contend that the impoverished
and marginalised are disproportionately affected by these rules, which are
notoriously difficult to implement. The PGA and other British colonial gambling
rules are still in effect in India today, despite these critiques. The reform of
gaming and gambling are now on the Indian government's radar. In the upcoming
years, it is anticipated that the government would regulate the sector more
thoroughly.32
The following are a few instances of how colonialism influenced Indian gaming
laws:
1. The PGA forbade gambling in public in any form, with the exception of skill-
based games like poker and rummy. British Victorian morality, which saw
games of skill as more respectable than games of chance, gave rise to the
distinction between games of skill and games of chance.
2. Lotteries and horse racing, which were popular among the British colonial
elite, were permitted by the British colonial authorities. This shows that the
interests of the British colonial elite were prioritised over the interests of the
Indian populace at large by the British colonial authority.33
 After Independence

31
Sumit Kochar, Gagandeep Singh Vig, Shivam Gera, “Navigating the Evolving Landscape: An Analysis
of Gaming Laws in India”, Available at: https://www.icsi.edu/media/webmodules/CSJ/July/14.pdf
32
Radhika Singha. “Punished by Surveillance: Policing ‘dangerousness’ in Colonial
India, 1872–1918.” Modern Asian Studies, vol. 49, no. 2, 2015, pp. 241–69, Available
at: http://www.jstor.org/stable/24495402
33
Dinker Vashisht, “SKILL OR CHANCE?: THAT IS THE QUESTION”, (2022) 4 NJLS<pg. 33-42>, NLUD,

22 | P a g e
 Following India's independence in 1947, each state now has the authority to regulate
gaming. The states were given the power to enact gaming and betting legislation by
the constitution. As a result, many nations came up with different strategies. While
some states strictly prohibited all types of gambling, others welcomed lotteries as a
source of income.
Compared to the British colonial authority, the Indian government had a more lenient
stance on gambling after independence. The Indian Constitution, which protects the
right to freedom of trade and commerce, and the goal of fostering economic growth
were two of the contributing reasons in this.34
The Indian government has amended the PGA and other gaming legislation several
times since gaining independence. The Indian gaming laws have been somewhat
liberalised as a result of these reforms. For instance, in areas like Goa and Sikkim, the
Indian government has approved the construction of casinos. In certain states, the
Indian government has also legalised internet gambling.35
The Indian government has continued to impose certain limitations on gambling,
nevertheless. For instance, the PGA continues to forbid any kind of gambling in
public. Laws have also been passed by the Indian government to stop money
laundering and other illegal actions related to gaming.
Some of the most significant changes to India's gambling legislation throughout the
post-independence era include the following:
a. The Prize contests Act, 1955, which governs lotteries and other prize
contests, is passed by the Indian government in 1955.
b. 1960: The Betting and Gambling Taxes Act, 1960, which levies taxes
on gains from gambling, is passed by the Indian government.
c. 1970: The Goa, Daman and Diu Public Gambling Act, 1970 is passed
by the Indian government, allowing casinos to be built in Goa.
d. 1992: The Sikkim Gambling (Regulation) Act, 1992, which permits
the construction of casinos in Sikkim, is passed by the Indian
government.

34
Rahul Rajpal, Status Of Gambling In India: The Need For Uniformity, Available at:
https://www.indialawjournal.org/status-of-gambling-in-india-the-need-for-uniformity.php.
35
Journal of Legal Studies Vol. 4, 2022, Available at: https://nludelhi.ac.in/download/publication/NLUD
%20Journal%20of%20Legal%20Studies_Vol.%204_2022.pdf

23 | P a g e
 e. 2000: The Information Technology Act, 2000, which provides the
federal government the authority to control internet gambling, is
passed by the Indian government.36
India's gambling regulations have been gradually liberalised over the post-
independence era. To safeguard the interests of the general public, the Indian
government has still continued to impose some limitations on gaming.
The regulations pertaining to gambling in India are not known. Some analysts contend
that in order to encourage economic growth and tourism, the Indian government
should further liberalise its gambling rules. Others contend that in order to shield the
populace from the negative social and economic effects of gambling, the Indian
government should continue to impose stringent regulations on the industry.37
The question of gaming reform is presently being debated by the Indian government.
In the upcoming years, it is anticipated that the government would regulate the sector
more thoroughly.
The Purpose of the Study And its Significance
Understanding the historical background of Indian gambling and gaming laws and their
impact on the present regulatory system is the aim of this study. Along with examining
significant changes in gambling regulations during the post-independence era, the research
also looks at the impact of colonialism on gambling laws in India.
The study is significant because it offers a thorough history of how gaming laws and
gambling have changed in India. Having this knowledge is crucial to creating future policies
that work.
Other advantages of the study include the following:
 It contributes to increasing understanding of the background behind Indian gaming
laws and gambling.
 It sheds light on how colonialism influenced Indian gaming regulations.
 It highlights the significant changes to gambling legislation that occurred after
independence.
 It examines the difficulties and possibilities pertaining to gaming laws in India.
 It makes suggestions for changing India's laws pertaining to gaming and gambling.

36
Ritabh Singh, LEGALITY OF GAMBLING IN INDIA, Available at: https://aklegal.in/legality-of-gambling-
in-india/
37
Varun Srinivasan, Gambling in India: The Journey Ahead, (2015) 2 Madras Law Journal (Criminal) 1,
Volume 82 Part No. 2, Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2680149.

24 | P a g e
Policymakers, regulators, industry stakeholders, and university researchers may all benefit
from this study. It is also a helpful resource for anybody interested in learning more about the
background and development of gambling laws in India.38
Here are some particular instances of how the research might be applied to create future
policies that work:
 The research may be utilised to pinpoint the main areas of gaming and gambling law
that require revision.
 The research may be utilised to create evidence-based policies that are customised to
India's unique requirements.
 The research may be used to evaluate how suggested reforms would affect the public
interest as well as the gaming and gambling industries.39

The paper makes a significant and timely addition to the subject of gaming regulation in
India. It is anticipated to have a major influence on the creation of future policies that work.

38
Sanjeev Kumar Singh , Gambling in India: A Study from the Perspective of Law and Economy, 4 (2) IJLMH
Page 2644 - 2662 (2021), Available at:https://www.ijlmh.com/paper/gambling-in-india-a-study-from-the-
perspective-of-law-and-economy/#
39
Ankur Jain, “Gambling in India: A Study from the Perspective of Law and Economy”
, Volume 6, ISSN 2581-5504, Available at: http://www.penacclaims.com/wp-content/uploads/2019/08/Ankur-
Jain.pdf.

25 | P a g e
 OVERVIEW AND ANALYSIS OF INDIA’S GAMBLING AND GAMING
LEGISLATIONS
Indiа's Сurrеnt Lеgаl Frаmеwоrk Fоr Gаmbling Аnd Gаming.
India now has a complicated legal system that differs from state to state regarding gaming
and gambling. The main legislation controlling gaming in India is the Public gaming Act of
1867. All types of gambling in public are forbidden under this regulation, with the exception
of lotteries and horse racing. States are able to pass their own gaming laws, though, and
several have already done so.
A few states have allowed casinos, including Goa and Sikkim. Some states, like Maharashtra,
have outlawed gambling in its entirety. Some states, like Gujarat and Rajasthan, have adopted
a more moderate stance, permitting certain types of gambling while outlawing others.
In India, internet gambling is likewise a complicated topic. Although it doesn't address
internet gambling directly, the Information Technology Act of 2000 has measures that may
be used to control it. For instance, the Act forbids the promotion of gambling and the posting
of pornographic material online.40
Sl No State Sl No Union Territory
1 Arunachal Pradesh 1 Andaman and Nicobar Islands
2 Haryana 2 Chandigarh
3 Himachal Pradesh 3 Dadra and Nagar Haveli
4 Punjab 4 Lakshadweep
5 Madhya Pradesh
6 Chhattisgarh
7 Manipur
8 Mizoram
9 Tripura
10 Uttarakhand
Source: G3 Newswire (2014)
This Table Represents the States and Union Territories adopting The Public Gambling Act,
1867
The Law Commission of India made a recommendation in 2019 to legalise and regulate
internet Gambling. On this proposal, nevertheless, the administration has not yet acted.
40
PRS Legislative Research, Legal Framework: Gambling and Sports Betting Including Cricket in India,
Available at:https://prsindia.org/policy/report-summaries/legal-framework-gambling-and-sports-betting-
including-cricket-india

26 | P a g e
  The Gambling Law Analysis of Sikkim
One of the few states in India where gambling is permitted is Sikkim. The state's
casino operations are governed by the Sikkim Gambling (Regulation) Act of 2009.
Other gambling activities, including lotteries and sports betting, are also covered by
the Act in terms of licencing and regulation.
Well-thought-out and thorough, the Sikkim Gambling (Regulation) Act is a piece of
law. It addresses every facet of gambling, including the prevention of gambling
addiction as well as the licencing and oversight of gaming businesses.41
The Sikkim Gambling (Regulation) Act mandates that all casinos in the state be
housed in five-star hotels, which is one of its main characteristics. This is meant to
guarantee that casinos are run responsibly and in accordance with regulations.
Other limitations placed on casinos by the Act include limitations on the kinds of
games that can be provided and the maximum amount of money that can be
wagered.42
The Sikkim Gambling (Regulation) Act has been effective in drawing in outside
capital and generating employment in the region. The state government has benefited
greatly from it as well.
Nonetheless, the Sikkim Gambling (Regulation) Act has faced considerable criticism.
The Act is criticised for being overly restrictive. For instance, it has been challenging
for small and medium-sized enterprises to enter the gaming industry due to the
mandate that all casinos be housed in five-star hotels.43
The Act is criticised for failing to sufficiently address the problem of gambling
addiction. Certain elements in the Act, such a self-exclusion programme for problem
gamblers, are intended to prevent gambling addiction. Nonetheless, some opponents
contend that the Act should do more to shield vulnerable individuals from the
negative impacts of gambling and that these measures are insufficient.
All things considered, the Sikkim Gambling (Regulation) Act is a thorough and well-
written piece of legislation. The Act should be strengthened in a few areas, though.
For instance, the Act may be strengthened in its efforts to combat gambling addiction

41
INDIA: LEGAL UPDATE, Nishisth Desai and Associates, Available at:
https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Articles/Indian_Gaming_Laws_-
_November_2015.pdf
42
Law Corner, Gambling Laws in India – An Overview, Available at: https://lawcorner.in/gambling-laws-in-
india-an-overview/
43
Suyash Bajpai, Online Gaming and Gambling Law in Sikkim, Available at: https://ssrana.in/articles/online-
gaming-gambling-law-sikkim/

27 | P a g e
 and made less onerous overall.44
 The Gambling Law Analysis of Goa
Another Indian state where gambling is permitted is Goa. The management of casinos
in Goa is governed by the Goa Public Gambling Places (Entry and Regulation) Act of
2011.
Compared to many other Indian states, Goa has a more lenient stance on gaming. The
Public Gambling Act of 1867, a federal statute that grants states the power to create
their own gambling regulations, is the main body that governs gambling laws in India.
Conventional casinos as well as offshore or floating casinos were permitted to operate
in Goa. Casino licences were granted by the state government, and these
establishments constituted a substantial income stream for the state.45
It's important to remember, though, that rules and legislation pertaining to gambling
might change. Both new rules and amendments to existing laws are possible. Thus,
for the most up-to-date and accurate information on Goa's gaming laws.
Aboard the territorial seas of the state, casinos are permitted to operate aboard floating
vessels under the Goa Public Gambling Places (Entry and Regulation) Act. This is
meant to lessen the detrimental consequences of gambling on society and shield those
who are more susceptible from its bad effects.46
Additionally, the Act places a variety of limitations on casinos, including:
1. Casinos have to be run by businesses that hold licences.
2. Casinos have to be situated on floating structures.
3. Casinos have to be restricted to visitors from overseas.
4. Casinos need to have stringent policies about identity and age.
5. Casinos are required to provide a range of responsible gaming initiatives,
including counselling for gambling addiction and self-exclusion
programmes.47

Foreign investment and job creation in the state of Goa have been successfully
achieved under the Goa Public Gambling Places (Entry and Regulation) Act. The

44
Refer at: https://iclg.com/practice-areas/gambling-laws-and-regulations/india.
45
Dr.(Prof) Prashant V kadam, Legal Perspective of Gambling with Special
reference to Casinos in Goa, JETIR, Volume 9, Issue 12, ISSN-2349-5162, Available at:
https://www.jetir.org/papers/JETIR2212192.pdf
46
Laws may prove futile in thwarting gambling woes in Goa, refer at:
https://www.gomantaktimes.com/news/goa/laws-may-prove-futile-in-thwarting-gambling-woes-in-goa
47
Srishti Roongta, Legal status of gambling in Goa, Available at: https://blog.ipleaders.in/legal-status-
gambling-goa/.

28 | P a g e
 state government has benefited greatly from it as well.
Nonetheless, the Goa Public Gambling Places (Entry and Regulation) Act has
faced considerable criticism. The Act is criticised for being overly restrictive. For
instance, the number of casinos that may run in the state has been restricted by the
requirement that they be housed on floating structures.
All things considered, the Goa Public Gambling Places (Entry and Regulation)
Act is an extensive and skilfully written piece of law. For instance, the Act may be
strengthened in its efforts to combat gambling addiction and made less onerous
overall.
The following particular suggestions are meant to enhance the Goa Public
Gambling Places (Entry and Regulation) Act:
1. Permit onshore casino operations. Casinos would find it simpler to draw
patrons and gain money as a result.
2. Create a programme specifically designed to treat gambling addiction.
This would offer assistance to those with gambling addiction.
3. Boost funding for initiatives that raise awareness and prevent gambling
addiction.
4. Create a gaming ombudsman to look into complaints from players and
settle arguments between players and casino owners.48
 The Gambling Law Analysis of Maharashtra
According to the Maharashtra Prevention of Gambling Act of 1887, gambling is not
allowed in Maharashtra. All types of gambling, including those conducted in private,
public, and internet settings, are forbidden by this Act.
One highly Strict and uncompromising rule is the Maharashtra Prevention of
Gambling Act. Those found to be gambling face severe punishments. For instance, if
discovered gambling in public, a person faces a maximum term of six months in jail
and a maximum fine of Rs. 200. If found running a gambling establishment, a person
faces a maximum two-year jail sentence and a fine of Rs. 1,000.
In Maharashtra, gaming is still very common despite the tight laws. The state is home
to several clandestine casinos and gambling establishments. Nonetheless, the
authorities frequently conduct raids at these locations, taking into custody anyone
found to be gambling.49
48
Penalty Sections Amended In Goa Public Gambling Act, ABP Live Focus, Refer
to:https://news.abplive.com/news/india/penalty-sections-amended-in-goa-public-gambling-act-1479994
49
Maharashtra Gambling Laws, IndianCasinoinfo, Available at: https://www.indiacasinoinfo.com/legal-

29 | P a g e
 There have been proposals for Maharashtra to legalise gaming. Legalisation
proponents contend that it would increase employment and bring in money for the
state government. Additionally, they contend that it would aid in the regulation of the
gaming sector and in the decline of clandestine gaming establishments and casinos.50
Legalisation is opposed on the grounds that it will exacerbate societal issues such as
gambling addiction. Additionally, they contend that the affluent casino owners would
profit at the cost of the weak and impoverished.
 The Gambling Law Analysis of Gujarat
All types of gambling, including online, private, and public gaming, are forbidden in
Gujarat under the Gujarat Prevention of Gambling Act, 1887. Those who are
discovered gambling face severe fines under the highly rigorous Act.
The Gujarat Prevention of Gambling Act's constitutionality has been affirmed by the
Gujarat High Court many times. The High Court ruled in Dominance Games Pvt Ltd
v. State of Gujarat and Ors that poker is against the Act since it is a game of chance.
The High Court also declared that as the Act covers all gaming activities, whether
they are conducted in private or in public, it is not discriminatory.51
To execute the Gujarat Prevention of Gambling Act, the Gujarat government has
taken a variety of actions. When they find individuals gambling, the police frequently
search suspected gambling establishments and make arrests. In Gujarat, the
government has also restricted access to websites that offer online gambling.
In Gujarat, gambling is still widely practised despite the severe legislation and the
government's enforcement actions. The state is home to several clandestine casinos
and gambling establishments. Nonetheless, the authorities frequently conduct raids at
these locations, taking into custody anyone found to be gambling.52
One of India's toughest gaming regulations is the Gujarat Prevention of gaming Act,
which is quite stringent. All types of gambling are forbidden by the Act, whether they
are conducted in secret or in public. This implies that it's against the law in Gujarat to
play games of chance, like poker or rummy, for cash.
In addition, the Act punishes those who are found to be gambling severely. For
information/maharashtra-gambling-laws/
50
Comparative Analysis of Gambling Act or Laws of Gambling in India, Bhatt and Joshi Associates, Available
at: https://bhattandjoshiassociates.com/comparative-analysis-of-gambling-act-or-laws-of-gambling-in-india/
51
Avantika Singh and Drishti Jain, India: GAMING OR GAMBLING – Indian Legal Position (Part 2),
Available at: https://www.mondaq.com/india/gaming/1177672/gaming-or-gambling--indian-legal-position-part-
2
52
Analysis and implications of the Gujarat HC order on poker and skill games played for stakes, Dec 2017,
Available at: https://cricketprediction.com/gambling/poker/analysis-implications-gujarat-hc-poker-skill-games/

30 | P a g e
 instance, if discovered gambling in public, a person faces a maximum term of six
months in jail and a maximum fine of Rs. 200. If found running a gambling
establishment, a person faces a maximum two-year jail sentence and a fine of Rs.
1,000.
One of India's toughest gaming regulations is the Gujarat Prevention of Gambling
Act, which is quite stringent. All types of gambling are forbidden by the Act, whether
they are conducted in secret or in public.53
There are several reasons both in favour of and against Gujarati gambling legalisation.
It is ultimately up to the Gujarati government to determine whether or not to legalise
gaming.
 The Gambling Law Analysis of Rajasthan
All types of gambling, including private, public, and internet gambling, are forbidden
in Rajasthan under the Rajasthan Public Gambling Ordinance, 1949. The Ordinance is
an extremely stringent rule that penalises anyone found to be gambling severely.
The Rajasthan Public Gambling Ordinance's constitutionality has been affirmed by
the Rajasthan High Court many times. The High Court ruled in State of Rajasthan v.
Vaman Narain Ghiya54 that the Ordinance is a lawful use of the state government's
authority to enact laws pertaining to morals and public order. The Ordinance does not
discriminate against any type of gambling because it covers both private and public
gaming, according to the High Court's ruling.
In order to implement the Rajasthan Public Gambling Ordinance, the Rajasthani
government has taken a variety of actions. When they find individuals gambling, the
police frequently search suspected gambling establishments and make arrests. In
Rajasthan, the government has likewise restricted access to websites that offer online
gaming.55
Even with the stringent legislation and the government's enforcement actions,
Rajasthan nevertheless has a large gambling industry. The state is home to several
clandestine casinos and gambling establishments. Nonetheless, the authorities
frequently conduct raids at these locations, taking into custody anyone found to be

53
After Madras HC, Gujarat HC draws attention of the state government to online gambling and the need to
regulate them in larger public interest, 21-Oct-2020, Khaitan and Co., Available at:
https://www.khaitanco.com/thought-leaderships/After-Madras-HC-Gujarat-HC-draws-attention-of-the-state-
government-to-online-gambling-and-the-need-to-regulate-them-in-larger-public-interest
54
2004 (2) WLC 769.
55
Surbhi Soni, RAJASTHAN GAMBLING LAWS, Available at: https://www.sevenjackpots.com/gambling-
laws/rajasthan/

31 | P a g e
 gambling.
One of India's strongest gaming regulations is the Rajasthan Public gaming
Ordinance, which is quite stringent. All gaming activities, whether conducted in
private or in public, are forbidden under the Ordinance. This implies that it's against
the law in Rajasthan to play games of chance, like poker or rummy, for cash.56
Those who are detected gambling face severe punishments as well, according to the
Ordinance. For instance, if discovered gambling in public, a person faces a maximum
term of six months in jail and a maximum fine of Rs. 200. If found running a
gambling establishment, a person faces a maximum two-year jail sentence and a fine
of Rs. 1,000.
One of India's strongest gaming regulations is the Rajasthan Public gaming
Ordinance, which is quite stringent. All gaming activities, whether conducted in
private or in public, are forbidden under the Ordinance.
There are several reasons both in favour of and against Rajasthan’s gambling
legalisation. It is ultimately up to the Rajasthan’s government to determine whether or
not to legalise gaming.
The Rajasthan Virtual Online Sports (Regulation) Bill, 2022, which sought to control
and legalise virtual online sports (VOS) in the state, was written by the Rajasthan’s
government in 2022. The Bill's objectives were to safeguard customers against
deception and abuse and to establish a licencing system for VOS platforms. The Bill
hasn't become a law yet, though.57
It is essential to remember that Indian gaming rules are always changing. Before you
gamble, it is usually a good idea to review the state's gambling regulations.

Оppоrtunitiеs Аnd Сhаllеngеs Rеlаtеd Tо Thе Еxisting Lеgаl Systеm.

The Author would like to share the various opportunities that has presented by the Existing
Indian Gambling Legal System with a detailed description of each and every opportunity.
 Revenue Generation for the Government
Legalising and regulating gambling may bring in a sizable amount of money for the
state, which might then be put towards funding infrastructure and social programmes.
56
Nishith Desai Associates, Rajasthan Introduces Bill To Regulate Fantasy – Based Formats And Esports,
March 2021, Available at: https://www.nishithdesai.com/SectionCategory/33/Gaming-Law-Wrap/12/45/
GamingLawWrap/6144/1.html
57
Rishi Anand, Chirag Jain, An Insight Into Proposed Regulatory Regime On Virtual Online Sports In
Rajasthan, June 2022, Available at: https://www.legal500.com/developments/thought-leadership/an-insight-into-
proposed-regulatory-regime-on-virtual-online-sports-in-rajasthan/

32 | P a g e
 For instance, since 2009, the government of Sikkim has received approximately
₹1,000 crore in revenue from casinos. Numerous initiatives, such as those in the
fields of healthcare, education, and tourist development, have benefited from this
funding.58
 Introduction of Jobs
Numerous employment might be generated by the gaming sector, both directly and
indirectly. For instance, nearly 10,000 people work in Goa's casino sector. The casino
sector also helps a wide range of other firms, including lodging facilities, dining
establishments, and transportation providers.59
 Reduction in Criminal activities
Legalising and controlling gaming may contribute to a decrease in crimes like money
laundering and match-fixing that are connected to the black market for gambling.
Subterranean gambling is frequently linked to other illegal operations including drug
trafficking and organised crime. The government may gain control over the gaming
business and lessen its negative connotations by legalising and regulating it.60
 Enhanced safeguarding of consumers
A well regulated gaming sector may provide customers increased security against
deceit and abuse. The Sikkim Gambling (Regulation) Act of 2009, for instance, lays
out a variety of consumer protection regulations, including the need for casinos to
have a specific amount of capital reserves and to tell patrons about the games they are
playing.61
 Socio-Cultural Well-being
For many people, gambling may be a fun and relaxing pastime. It may also be a
means of interacting and building relationships. For certain cultures, gambling may
also be a source of cultural pride. For instance, rummy is a widely played game in
India and is frequently regarded as a representation of Indian culture.62

58
Drishti IAS, Online Gambling in India, May 2023, Available at:
https://www.drishtiias.com/daily-updates/daily-news-analysis/online-gambling-in-india
59
How the Online Gambling Industry can create new Employment Opportunities in India, OfficeChai, Available
at: https://officechai.com/miscellaneous/how-the-online-gambling-industry-can-create-new-employment-
opportunities-in-india/
60
Mark W. Nichols, Mehmet Serkan Tosun, The impact of legalized casino gambling on crime, Volume 66,
September 2017, Available at: https://www.sciencedirect.com/science/article/abs/pii/S0166046217300169
61
Nikhil Prasad Singh, Online Gambling Laws in India: An In-depth Analysis, Available at:
https://www.centurylawfirm.in/blog/online-gambling-laws-in-india-an-in-depth-analysis/
62
Consequences of online gambling on mental health: The potential dangers and solutions, Oct 2023, Available
at: https://timesofindia.indiatimes.com/life-style/health-fitness/de-stress/consequences-of-online-gambling-on-
mental-health-the-potential-dangers-and-solutions/articleshow/104339680.cms?from=mdr

33 | P a g e
It is crucial to remember that there is no assurance for these possibilities. To reduce the
dangers of gambling, such as addiction and criminality, legalisation and regulation of gaming
must be done cautiously. Legalising and regulating gambling, nevertheless, may be
advantageous for India in a number of ways if done well.
That being discussed the author would move forward towards the in depth discussion of all
the challenges that are presented in the current Indian legal system pertaining to gambling:
 Addiction to gambling might be possible
It's essential to take precautions to shield vulnerable individuals from the negative
impacts of gambling since it may be addicting. Addiction to gambling is a severe
issue that may have terrible effects on people, families, and society. A National
Institute of Mental Health and Neurosciences (NIMHANS) research estimates that
0.5% of Indians suffer from gambling addiction. This indicates that millions of
individuals in India suffer from an addiction to gambling.63
 Effects on Communities and Families
Families and communities may suffer as a result of gambling, particularly if it causes
monetary difficulties or other social issues. Addiction to gambling can result in debt,
job loss, and interpersonal issues.64 Additionally, it may result in crimes like fraud and
theft. Children who gamble may potentially suffer harmful consequences. It is more
common for children of gamblers to have behavioural issues, mental discomfort, and
financial trouble.65
 A Rise in Criminal Behaviour
Legalising and controlling gambling may contribute to a decrease in certain crimes,
but it may also cause other crimes, including robbery and theft, to rise. Criminals
frequently target casinos and other gambling enterprises. Additionally, gambling can
lead to other crimes like match-fixing and money laundering.66
 Inability to Implement Enforcement
63
Himanshi Dhawan, How timepass Gambling Turned Them into Criminals, Oct 2022, Available at:
https://timesofindia.indiatimes.com/india/how-timepass-gambling-turned-them-into-criminals/articleshow/
94737195.cms
64
Dennis S. Jesudasan, Chandru panel highlights how gambling addiction can impact lives, July 2022, Available
at: https://www.thehindu.com/news/national/tamil-nadu/chandru-panel-highlights-how-gambling-addiction-can-
impact-lives/article65658320.ece
65
Sanju George, Jessy Fenn, An Overview of Gambling in India, July 2022, Available at:https://gjmpbu.org/an-
overview-of-gambling-in-india/
66
Crime among city youths due to online gaming a concern: Cops, Refer to:
https://timesofindia.indiatimes.com/city/jaipur/crime-among-city-youths-due-to-online-gaming-a-concern-
cops/articleshow/81728208.cms

34 | P a g e
 It's possible that the Indian government lacks the means to adequately police
gambling regulations, particularly in rural regions. Because gambling rules are
complicated and sometimes contain loopholes, they are frequently challenging to
enforce. Additionally, the government lacks the tools and expertise required to
properly police gaming regulations. This might result in unchecked illicit gaming
businesses.
 Corrupt Practices
The gaming sector is vulnerable to corruption, including match-fixing and bribery.
The integrity of the gaming sector can be compromised by corruption, which can also
result in unfair practises. It may also be challenging to police gaming regulations
when there is corruption.
It's critical to remember that these obstacles are surmountable. The government can
take a number of steps to reduce the risks connected with gambling, including
strengthening anti-corruption laws, funding treatment and prevention programmes for
gambling addiction, and enacting strict regulations regarding responsible gaming.
In general, the current legal framework for gambling in India offers both advantages and
disadvantages. Prior to changing the legislation, it is crucial to thoroughly consider the
advantages and disadvantages.

А Rеviеw Оf Thе Publiс Gаmbling Асt Оf 1867 Аnd Its Сurrеnt Аppliсаbility
The main legislation controlling gambling in India is the Public Gambling Act of 1867
(PGA). It is a central legislation that is applicable to every Indian state. With the exception of
lotteries and horse racing, the PGA forbids any kind of gambling in public. States are able to
pass their own gambling laws, though, and several have already done so.
"The act of wagering or betting on games of chance or skill" is how the PGA defines
gambling. A typical gambling house is also described as "any house, room, or place in which
any game of skill or chance is played for money or other valuable thing."67
The following actions are forbidden in India by the Public Gambling Act, 1867 (PGA):
1. Maintaining a shared gambling house
The Public Gambling Act, 1867 (PGA) forbids the establishment of communal

67
§1 of Public Gambling Act, 1867 which states, “Common gaming-house” means any house, walled enclosure,
room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain
of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of
charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise
howsoever.

35 | P a g e
 gaming establishments with the aim of curbing the proliferation of gambling and its
attendant drawbacks, including addiction to gambling, criminal activity, and societal
issues.
Regular gambling establishments are frequently linked to illicit activities including
match-fixing and money laundering. They may also provide as a haven for criminal
activity including prostitution, robbery, and theft. Furthermore, popular gaming
establishments may have a detrimental effect on society by causing health issues,
financial hardships, and family issues.
The PGA wants to limit the accessibility of gambling and shield the general public
from its negative impacts, which is why it forbids the establishment of common
gaming establishments.68
The following are the particular reasons why the PGA forbids maintaining a joint
gambling house:
1. In order to stop gambling addiction from spreading: Addiction to gambling is
a severe issue that may have terrible effects on people, families, and
communities. Because they offer a comfortable and easily available venue to
bet, common gaming houses may contribute to the development of gambling
disorders in individuals.
2. To deter criminality: Regular gambling establishments are frequently linked to
illicit activities including match-fixing and money laundering. They may also
provide as a haven for criminal activity including prostitution, robbery, and
theft.
3. To shield the general people from the bad impacts of gambling: Gambling
may lead to health issues, family issues, and financial hardships. It can also
have a detrimental influence on society. Regular gaming establishments can
exacerbate these issues by increasing accessibility to gambling and provide a
venue for high-roller wagering.

It's crucial to remember that maintaining a shared gaming house is not always forbidden. A
few activities, including lotteries and horse racing, are exempt from the ban. Furthermore, a
few Indian states have passed their own gaming legislation, which could be more or less
stringent than the PGA.
2. Playing in a typical gambling establishment
68
Prachi Dubey, Common Gaming Houses And Gambling Laws In India, Indian Law Journal, Available at:
https://www.indialawjournal.org/common-gaming-houses-and-gambling-laws-in-india.php

36 | P a g e
 The Public Gambling Act, 1867 (PGA), which forbids playing games of chance at
casinos and gambling parlours, aims to stop the growth of gambling and all of its
negative effects, including addiction, crime, and social issues.
The purpose of casinos and gambling establishments is to entice patrons to gamble,
frequently by providing substantial prizes and other incentives. Because of this, it may
be harder for certain people to avoid gambling even when they are aware of its risks.
Furthermore, persons who frequent casinos and gambling establishments may develop
an addiction and lose a lot of money very rapidly.
To shield individuals from these risks, the PGA forbids playing gambling games at
casinos and gaming lounges. The PGA makes it harder for people to acquire gambling
habits and to lose significant amounts of money by outlawing the use of gambling
games at these venues.69
The following are some of the precise reasons that the PGA forbids playing games of
chance at a casino or gambling parlour:
1. To avoid becoming addicted to gambling: Addiction to gambling is a severe
issue that may have a terrible impact on people, families, and communities.
Even when people are aware that gambling is a harmful activity, they may find
it difficult to refrain from it when they are at a casino or other gambling
parlour. These establishments are made to encourage gambling.
2. To keep individuals from losing a lot of money: The purpose of casinos and
gambling parlours is to generate revenue by collecting money from players. At
casinos and other gambling establishments, people can easily lose a significant
amount of money, which can have a detrimental impact on their finances and
other areas.
3. To deter crime: Gambling establishments, including casinos, have been linked
to illicit activities including match-fixing and money laundering. They may
also provide as a haven for criminal activity including prostitution, robbery,
and theft.
4. To shield the general people from the bad impacts of gambling: Gambling
may lead to health issues, family issues, and financial hardships. It can also
have a detrimental influence on society. The goal of the PGA is to lessen the
availability of gambling and shield the general public from its negative
69
Arjun Maheshwari, "An Overview of Gambling Laws: Online Gaming, Casinos, and Fantasy Sports," August
20, 2023, Available at: https://articles.manupatra.com/article-details/ONLINE-GAMING-CASINOS-AND-
FANTASY-SPORTS-AN-OVERVIEW-OF-GAMBLING-LAWS.

37 | P a g e
 consequences by outlawing playing gambling games in casinos and gambling
parlours.

It's crucial to remember that playing games of chance at a casino or gambling

parlour is not always forbidden. A few activities, including lotteries and horse
racing, are exempt from the ban. Furthermore, a few Indian states have passed
their own gaming legislation, which could be more or less stringent than the
PGA.70
3. Assisting in the maintenance of a shared gambling house
Under the Public Gambling Act of 1867 (PGA), it is illegal to assist someone in
operating a casino or gambling parlour. This law was created to stop the growth of
gambling and the negative effects it may have, such addiction to gaming, criminality,
and social issues.
The PGA makes it more difficult for casinos and gambling parlours to operate and
draw in clients by outlawing anyone from assisting others in running these types of
facilities. Furthermore, the PGA works to discourage individuals from entering the
gaming sector, which may serve to lower the prevalence of gambling in general.
The PGA forbids helping someone start a casino or gaming parlour for the following
particular reasons:
1. To stop gambling from spreading: Addiction to gambling is a severe issue that
may have terrible effects on people, families, and communities. By providing
a location for gaming and by giving incentives to gamble, casinos and
gambling parlours can aid in the spread of gambling addiction. The PGA
contributes to lowering the availability of gaming and shielding individuals
from its negative consequences by outlawing assistance in operating casinos
and gambling parlours.
2. To deter crime: Theft, robbery, prostitution, and money laundering are among
the offences that casinos and gaming establishments may be linked to. The
PGA works to lessen the likelihood that these crimes would occur by
outlawing the assistance of third parties in operating casinos and gambling
parlours.
3. To shield the general people from the bad impacts of gambling: Gambling
may lead to health issues, family issues, and financial hardships. It can also
70
Casinos And Gambling Laws In India, Available at: https://www.legalserviceindia.com/legal/article-4123-
casinos-and-gambling-laws-in-india.html

38 | P a g e
 have a detrimental influence on society. The PGA contributes to lowering the
general prevalence of gambling and shielding the public from its negative
consequences by outlawing individuals from assisting others in operating
casinos and gambling parlours.
4. Displaying any gambling table or gambling device in public
The Public Gambling Act, 1867 (PGA) forbids the display of any gambling apparatus
or table in public. This is done in an effort to stop gambling from being advertised or
promoted, since this might lead to an increase in gambling.
The PGA contributes to keeping gambling out of sight and out of mind by forbidding
the display of gaming tables and equipment in public spaces. This may lessen the
allure of gambling and deter individuals from engaging in it.71
The following are some of the particular reasons that the PGA forbids the open
display of any gambling table or equipment:
1. To stop gambling from being advertised and promoted: Gambling may
become addicted and have a detrimental impact on one's finances and other
areas of life. The PGA works to limit exposure to gambling and deter
individuals from gambling by outlawing the public display of gaming tables
and related equipment.
2. To safeguard minors and the weak: Individuals who are weaker or younger are
more susceptible to acquiring gambling addictions. The PGA contributes to
the protection of these groups against gambling exposure and the development
of gambling issues by outlawing the public display of gaming tables and
equipment.
3. In order to maintain morals and public order: Gambling may be detrimental to
these things. Gambling, for instance, has been linked to crimes like robbery
and theft. Social issues including financial difficulty and family disintegration
may also result from it. The PGA contributes to the preservation of morals and
public order by forbidding the open display of gaming tables and related
equipment.

It is noteworthy that there are exceptions to the general ban on displaying gaming
tables and related equipment in public. There are a few instances in which the ban
is not applicable, such as when gaming tables and related equipment are utilised

71
Id, 69, page no.37.

39 | P a g e
 for acceptable reasons, such research or teaching.72
5. Retaining or using any space for gaming
The Public Gambling Act, 1867 (PGA) forbids keeping or utilising any area for
gaming, with the goal of preventing the opening and functioning of illicit gaming
businesses.
The PGA describes a "common gaming house" to be "any house, room, or place in
which any game of chance or skill is played for money or other valuable thing." The
aim of the ban on keeping or utilising any area for gambling is to stop the
establishment and functioning of public gaming establishments.\
The PGA forbids keeping or using any area for gaming for a variety of reasons. First,
gambling may be addicting and have a detrimental impact on one's finances and other
aspects of life. Second, there is a connection between gambling and crimes like
robbery and theft. Third, families and communities may suffer as a result of gaming.73
The PGA also forbids holding or using any area for gaming due to the challenge of
controlling gaming in private settings. It is simpler for the government to keep an eye
on and control gambling when it occurs in public places like casinos and gaming
parlours. Nonetheless, it is more challenging for the government to detect gambling
activity and take action to stop it when it occurs in private areas.
One crucial step in shielding the general public from the negative impacts of
gambling is the PGA's ban on holding or utilising any facility for gaming.74
The following are some particular instances of actions that are forbidden under the
ban on keeping or using any area for gaming:
1. Leasing or renting a location to a person who plans to operate a gaming
establishment.
2. Running a casino out of a private residence or place of business.
3. Hosting gaming tournaments or parties in a private setting.
4. Permitting gaming activities to occur on your land, even if you don't gamble
yourself.

That being explained the author has decided to deal with Exceptions to the above discussed
Prohibitions:

72
Id
73
Trends shaping the Indian gaming space, Forbes India, Refer to: https://www.forbesindia.com/article/brand-
connect/trends-shaping-the-indian-gaming-space/51975/1
74
Shipra Chib, How Brands in India’s Gaming Industry Can Better Engage Their Customers, July 2023,
Available at: https://www.moengage.com/blog/india-gaming-industry/

40 | P a g e
 6. Horse Racing
All types of gambling in public are forbidden by the Public Gambling Act of 1867
(PGA), with the exception of horse racing. Because horse racing is seen as a sport of
talent rather than a game of chance, an exemption is made.
Horse racing is regarded as a skill-based activity for several reasons. Jocks must first
be able to ride a horse quickly and manoeuvre around obstacles. Second, in order to
prepare horses for competition, trainers need to possess certain abilities. Thirdly,
owners need to be capable of managing their stables and choosing horses that are fit
for competition.
Horse racing incorporates many additional aspects, such as the state of the track, the
weather, and the other horses competing, in addition to the talents needed by riders,
trainers, and owners. Horse racing is more than just a game of chance because to these
aspects, which may also make it difficult and unpredictable.75
Numerous times, the Indian Supreme Court has acknowledged horse racing as a skill-
based activity. In 1996, the Supreme Court ruled in Dr. KR Lakshmanan v. State of
Tamil Nadu76 that horse racing is a "sport in which the element of skill predominates
over the element of chance." The Court further stated that there are "strict rules and
regulations" controlling horse racing, making it a "regulated activity."
There is a significant exclusion for horse racing under the PGA. It makes it possible
for an effective and well-liked sport to remain in India. Additionally, it makes it
possible for the government to generate income and jobs.77
There is a well-established exception for horse racing under the PGA. It is predicated
on the understanding that horse racing is a sport of talent as opposed to a lottery. The
exemption offers financial advantages in addition to enabling the continuation of a
well-liked and prosperous sport in India.
7. Lotteries
The Lotteries (Regulation) Act, 1998 exempts lotteries from the Public Gambling Act,
1867 (PGA). The main legislation controlling lotteries in India is the Lotteries
(Regulation) Act, 1998. It controls how state governments and private groups with
state government authorization run lotteries.

75
Why is betting on horse racing legal in India, June 2017, Available at: https://blog.ipleaders.in/betting-horse-
racing-legal-india/
76
1996 AIR 1153.
77
Legal Horse Racing Betting in India, Betting In India, Available at: https://bettinginindia.in/legal/horse-race-
betting/

41 | P a g e
 Lotteries are not subject to the PGA for a variety of reasons. To begin with, lotteries
are seen as a kind of entertainment as opposed to a kind of gambling. Second, lotteries
give state governments a way to make money. Third, the Lotteries (Regulation) Act,
1998, which governs lotteries, makes sure that they are run fairly and openly.78
A variety of requirements are outlined in the Lotteries (Regulation) Act, 1998, in
order for a lottery to be considered lawful. Among these prerequisites are:
1. A state government must approve the lottery.
2. There must be fairness and transparency in the way the lottery is run.
3. Advertisement for the lottery must be done responsibly.
4. The lottery's earnings must be put to good use in the community.
The Author would also like to discuss the Prohibitions that are set as per the Lotteries
(Regulation) Act, 1998, in order for a lottery to be considered lawful. Among these
prerequisites are:
1. The goal of the law banning the sale of lottery tickets to minors is to shield
young people from the negative consequences of gambling.
It's possible for gambling to become addicted, and kids are especially prone to
having gambling issues. Youngsters are also more prone to act impulsively
and have a worse comprehension of the dangers associated with gambling.
Selling lottery tickets to kids can also result in debt, criminality, and addiction
to underage gaming, among other issues. Youngsters who gamble are more
likely to become unemployed, commit crimes, and have financial difficulties.
The integrity of lotteries is also meant to be safeguarded by the ban on selling
tickets to minors. Selling lottery tickets to kids might offer adults an unfair
edge. Lotteries should be equitable and available to all players.
Justifications for the ban are as follows:
a) To shield kids from the negative consequences of gambling.
b) To stop debt, criminality, and addiction to gambling among minors.
c) To safeguard lotteries' integrity.

Law enforcement organisations uphold the ban on selling lottery tickets to

minors. Before selling consumers lottery tickets, lottery shops are also
required to verify their identity.
States differ in their penalties for breaking the law against selling lottery
78
Sharad Vadehra, India: Legality Of Lottery In India, February 2022, Available at:
https://www.mondaq.com/india/gaming/1159168/legality-of-lottery-in-india-

42 | P a g e
 tickets to minors. Nonetheless, selling lottery tickets to children is illegal
in the majority of states due to legal statutes. Penalties may consist of
fines, jail time, or both.
The sale of lottery tickets to minors is prohibited, which is a crucial step in
shielding kids from the negative impacts of gambling. Maintaining the
integrity of lotteries is also crucial.
2. The purpose of prohibiting lottery tickets from being used as rewards in other
events or contests is to safeguard the integrity of lotteries and to stop lottery
participants from being exploited.
When lottery tickets are utilised as rewards in other contests or events, lottery
participants are encouraged to wager more than they normally would. 79 This is
due to the fact that players who get lottery tickets as prizes are offered another
opportunity to win money, which may induce them to gamble with funds they
cannot afford to lose.
Furthermore, lotteries may lose their integrity if their tickets are utilised as
rewards in other events or contests. For instance, a tournament or contest's
organisers could rig the event to guarantee that a particular individual wins the
lottery ticket reward.
Justifications for the ban:
a) To avoid taking advantage of lottery participants.
b) To safeguard lotteries' integrity.

Law enforcement organisations uphold the ban on using lottery tickets as

rewards in other games or contests. It is also forbidden for lottery
merchants to use lottery tickets as rewards in their own campaigns.
State-by-state variations exist in the penalty for breaking the ban on utilising
lottery tickets as rewards in other games or contests. However, using lottery
tickets as rewards in other games or contests is illegal in the majority of states
due to legal statutes. Penalties may consist of fines, jail time, or both80.

79
How Online Lotto is Changing India's Gambling Industry: A New Way to Gamble, Refer to:
https://www.adgully.com/how-online-lotto-is-changing-india-s-gambling-industry-a-new-way-to-gamble-
119415.html
80
Gambling in India, Helpline Law, June 2022, Available at: https://www.helplinelaw.com/immigration-appeal-
and-others/GAMLSI/gambling-in-india.html

43 | P a g e
 3. In order to safeguard the public from fraud and guarantee that lotteries are run
fairly and openly, it is illegal to organise or run lotteries without the required
licence.
Lotteries that are organised or run without the right authority run the danger of
being manipulated or having their winnings misappropriated. Unauthorised
lotteries could also not be bound by the same rules as legal lotteries, which
could endanger participants.81
Justifications for the ban:
a) To shield the people from deception.
b) To guarantee the fair and transparent conduct of lotteries.
c) To avoid the misappropriation of lottery winnings
Law enforcement authorities enforce the prohibition against organising or
running lotteries without the necessary permission. Without the required
authority, someone who plans or runs a lottery runs the risk of facing fines, jail
time, or both.
States differ in what penalties they impose for planning or running a lottery
without the required permits. Nonetheless, it is illegal in the majority of states
to plan or carry out a lottery without the required permission.82

81
Prachi Bhardwaj, ‘Lotteries’ a species of ‘betting and gambling’; States Legislatures competent to levy tax:
SC, Mar 2022, Available at:https://www.scconline.com/blog/post/2022/03/25/lotteries-a-species-of-betting-and-
gambling-states-legislatures-competent-to-levy-tax-sc/
82
Lottery is legal in 13 states, banned in rest but available almost everywhere, Refer to:
https://www.indiatoday.in/india/story/lottery-mizoram-nagaland-sikkim-kerala-975188-2017-05-04

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 COMPARITIVE INTERNATIONAL ANALYSIS
Rеviеw Оf Glоbаl Bеst Prасtiсеs In Gаmbling Аnd Bеtting Lаw
The goals of international best practises in gaming and betting law are to safeguard players,
maintain fair competition, and deter criminality. Among the fundamental components of
international best practises are:
Regulating and licencing

One of the most crucial components of international best practises in gaming and
betting law is licencing and regulating. By obtaining a licence, gaming businesses
may be certain that they satisfy strict requirements for financial stability and probity.
Regulation contributes to the fairness of games and the safety of players.
The essential or significant components of an effective licencing and regulating
system are:
1. Operators must adhere to strict guidelines on financial soundness and probity.
2. A mandate that operators use safeguards to keep customers safe.
3. An obligation on operators to adhere to AML and CTF protocols.
4. A strong enforcement mechanism to guarantee that operators follow the
rules.83

Protection of Consumers

Another crucial component of international best practises in gaming and betting

regulation is consumer protection. Operators of gambling establishments are required
to include safeguards for their patrons, including restrictions on losses and tools for
responsible gaming.
Among the essential components of successful consumer protection policies are:
1. a mandate that operators provide resources for responsible gaming, including
time-outs, deposit caps, and self-exclusion.
2. Maximum Loss Caps.
3. Interventions to stop underage gambling.
4. Actions taken to stop the exploitation of the weak84

83
Rupa Veena S, Online Gambling in India: Need For A Regulatory Framework, Available at:
https://www.legalserviceindia.com/legal/article-7515-online-gambling-in-india-need-for-a-regulatory-
framework.html
84
Angshuman Hazarika, “Regulating a Fantasy fоr a Billiоn: Playing оn a Smartphоne in India”, Vоlume 27
(2023) Paper 1, Available at: https://digitalsсhоlarship.unlv.edu/сgi/viewсоntent.сgi?artiсle=1475&соntext=grrj.

45 | P a g e
 Anti-money laundering (AML) and counter-terrorist financing (CTF)

Gambling operators are required to implement Anti-Money Laundering (AML) and

counter-terrorist financing (CTF) protocols to thwart the use of gaming for illicit
activities. The use of gaming by criminals as a means of money laundering or
financing terrorist operations is thwarted by AML and CTF safeguards.85
The following are some essential components of efficient AML and CTF measures:
1. Verification and identity of the customer.
2. Tracking of transactions.
3. Reporting of suspicious activities

Being transparent and responsible

Operators of gambling establishments need to be open and responsible to consumers

and authorities. This implies that operators have to provide information about their
company and games, as well as reply to customer and regulatory complaints and
questions.
Among the essential components of accountability and transparency are:
1. The release of financial data.
2. Publishing game-related data, such as odds and player-to-player ratios.
3. Publication of data regarding resources and assistance for responsible gaming.
4. A procedure for managing customer concerns.
5. Frequent updates to regulatory bodies

Marketing And Promotion Honestly And Fairly

Operators of casinos are required to promote and advertise their goods in an honest
and fair way. Operators are thus prohibited from making false representations
regarding their goods or about the likelihood of winning. Operators must also refrain
from using their marketing and promotion to target the weak.
The following are some essential components of ethical and just marketing and
advertising:
1. Reliable and authentic product information.
2. No deceptive statements on the likelihood of winning.
3. No singled out for harm to the weak.

85
Internatiоnal Assосiatiоn оf Gaming Regulatоrs. (2020), “Best praсtiсes in gaming regulatiоn.”, Available at:
https://iagr.оrg/iagr-news/gaming-regulatiоn-where-tо-during-соvid-19-pandemiс/.

46 | P a g e
 4. Adherence to advertising guidelines86

Conscientious product design

Operators in the gambling industry are required to responsibly develop their products,
considering the potential for customer harm. Operators should thus refrain from
creating goods that promote compulsive gambling or are prone to addiction.
The following are some essential components of ethical product design:
1. Maximum Loss Caps.
2. Take-aways.
3. Checks for reality.
4. Self-distraction.
5. Stopping underage gambling.
6. Preventing the exploitation of those in need.87

А Соmpаrisоn of Indiа's Rеgulаtоry Systеm With Оthеr Nаtiоns

United Kingdom
The Key Elements That the United Kingdom follows in order to regulate Gambling Practices
are:
Licensing
One of the most crucial facets of UK gambling legislation is licencing. It guarantees that
operators of gaming establishments adhere to strict guidelines for financial stability and
probity, and that they are dedicated to safeguarding players and discouraging gambling-
related offences.
Operators must apply to the gaming Commission in order to receive a gaming licence in the
UK. Operators must submit a thorough application and include a great deal of information
about their company, including their financial objectives, rules about responsible gaming, and
AML/CTF procedures.
The gaming Commission issues licences to all gaming companies in the United Kingdom.
Both offline and online operators must adhere to this. To be given a licence, operators must
pass a stringent licencing procedure and demonstrate that they are financially stable and of
high probity.

86
Kushal Dey, “An Analysis оf Gaming Industry in India”, ISSN: 2319-7064, Vоlume 10 Issue 5, May 2021,
Available at: https://www.ijsr.net/arсhive/v10i5/SR21520124120.pdf.
87
Abhishek Saxena and Aashna Kоthiyal, “Pоker in India - Left Pоker Faсed by Regulatiоns”, 20th Nоvember
2019, Available at: https://www.mоndaq.соm/india/gaming/866462/pоker-in-india---left-pоker-faсed-by-
regulatiоns.

47 | P a g e
If the gaming Commission is certain that the operator is suitable to run a gaming company, it
will only issue a licence. This implies that in order to avoid gambling-related crime and harm
to customers, the operator has to have a solid reputation, be financially stable, and have
policies and procedures in place.
After obtaining a licence, an operator is subject to certain continuing requirements, such as:
1. Preserving their financial security.
2. Submitting routine reports to the Gaming Commission.
3. Assisting with the investigations of the Gambling Commission.
If an operator violates the Gambling Act or the terms of their licence, the Gambling
Commission has the authority to cancel their licence.
In order to safeguard customers and guarantee that gambling is carried out in the UK in an
equitable and transparent manner, licencing is a crucial instrument.
The following are a few advantages of licencing:
1. Consumer protection: By guaranteeing that gaming operators are qualified to run a
company and have put in place procedures and safeguards against both consumer
damage and gambling-related criminality, licencing serves to protect consumers.
2. Ensures fair play: By guaranteeing that gaming operators employ honest and fair
games and that their operations are transparent, licencing contributes to the
maintenance of fair play.
3. Prevents crime: By guaranteeing that gaming establishments have put in place
AML/CTF safeguards to stop gambling from being used for illegal activities,
licencing helps to prevent crime.
4. Provides income for the government: Gambling operators contribute to the
government's revenue stream by paying licence fees to the Gambling Commission.
All things considered, licencing plays a significant role in the UK's gaming laws. It
contributes to consumer protection, fair play, crime prevention, and tax income for the
government.
Safeguarding the Rights of Consumer

Another crucial component of UK gaming legislation is consumer protection. The Gambling

Commission has put in place a variety of safeguards to keep customers safe, such as:
1. Tools for responsible gaming: Operators are required to provide options for
responsible gaming, such time-outs, deposit caps, and self-exclusion. With the use of
these instruments, players may manage their gambling and lower their risk of injury.

48 | P a g e
 2. Credit card gambling is prohibited: In the UK, credit card gambling is not permitted
while playing online games. This is due to the fact that using credit cards might
facilitate gambling with larger stakes than one can bear to lose.
3. Identification verification: Before any player may wager, the operators must confirm
their identification. This lessens the likelihood of underage gambling and shields
vulnerable individuals from exploitation.
4. Protection of minors and vulnerable individuals: Operators are required to put
safeguards in place to keep minors and vulnerable individuals safe from gaming. This
involves taking steps to stop minors from gambling and to stop the exploitation of the
weak.
5. Customers who have issues regarding gaming companies can also use the complaints
procedure that the gaming Commission has set up.
The following are a few advantages of consumer protection laws:
1. Lowers gambling-related harm: By providing players with greater control over their
wagering and shielding the weak from exploitation, consumer protection laws serve to
lower gambling-related harm.
2. Encourages responsible gaming: By giving gamers the resources they need to exercise
self-control over their gaming, consumer protection laws promote responsible
gaming.
3. Safeguards customers from unethical behaviour: Consumer protection laws shield
customers from unethical activities like underage gaming and the targeting of the
weak.
4. Enhances customer confidence: By demonstrating the gaming industry's dedication to
safeguarding its patrons, consumer protection measures enhance consumer trust in the
sector.
Prohibition of Anti-Money Laundering and Counter-Terrorist Financing

Counter-terrorism financing (CTF) and anti-money laundering (AML) are two acronyms.
These are just two sides of the same coin, both working to stop illegal use of the financial
system.
The practise of preventing and identifying the transfer of criminal proceeds into the official
financial system is known as anti-money laundering (AML). This might entail a variety of
tasks, including spotting and reporting suspicious transactions, keeping an eye out for odd
activity on customer accounts, and performing due diligence on clients and business

49 | P a g e
associates.
The process of stopping and identifying the funding of terrorist operations is known as
counter-terrorist finance, or CTF. This might entail a variety of tasks, such spotting and
reporting suspicious transactions, keeping an eye out for odd activity on client accounts, and
checking customers' names against terrorist watch lists. This is because they prevent the
financial system from being utilised for illegal activities, AML and CTF are crucial. There
are several possible advantages to this, such as:
1. Lowering the amount of money that terrorist and criminal groups can obtain.
2. Preserving the financial system's credibility.
3. Encouraging monetary stability.
4. Defending customers against financial crimes such as fraud.
The fact that owners of gambling establishments frequently deal with huge amounts of cash
and that their clients are frequently nameless makes them especially susceptible to money
laundering and terrorist funding. Because of this, gaming businesses in the UK must abide by
stringent AML and CTF requirements.
The following are some of the AML and CTF policies that UK gaming companies are
required to implement:
1. Identification and verification of customers: Before allowing a consumer to wager,
gambling operators must identify and confirm the identity of each one of them. This
makes it harder for thieves to launder money through gaming accounts.
2. Gambling operators are required to keep an eye out for any suspicious conduct related
to transactions. This aids in the detection of possible money laundering and financing
of terrorism.
3. Reporting of suspicious activities: Gaming operators are required to notify law
enforcement of any suspicious conduct. This facilitates the investigation and
prosecution of money laundering and terrorism funding offences by the government.
4. Gambling operators are required to keep an eye out for any suspicious conduct related
to transactions. This aids in the detection of possible money laundering and financing
of terrorism.
5. The Gambling Commission can punish operators who break the rules because it takes
AML and CTF extremely seriously.
All things considered, AML and CTF are crucial safeguards against illegal use of the
financial system. In the UK, gambling operators are required to adhere to stringent AML and
CTF legislation and implement procedures to detect and thwart money laundering and

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terrorism funding.

Advertising and Marketing

The gaming Commission imposes stringent regulations on the marketing and promotion of
gaming goods in the United Kingdom. The Commission's aim is to safeguard customers
against damage, especially youngsters and the elderly.
The following regulations on marketing and advertising must be followed by gaming
operators:
1. Advertisements for gambling cannot be misleading or deceptive.
2. Advertisements for gambling cannot be directed towards minors or those who are
weak.
3. Advertisements about gambling cannot encourage excessive gaming.
4. Advertisements on gambling cannot promote gambling or imply that it's a simple
method to generate money.
Guidelines on the marketing and promotion of gambling goods through social media and
other online platforms have recently been released by the Gambling Commission. The
following guidelines comprise the following specifications:
1. Every social media post and marketing from a gambling operator must include their
name and contact information.
2. Operators of gambling establishments are prohibited from using social media to target
minors or the weak.
3. Social media cannot be used by gaming operators to encourage compulsive gambling.
4. Operators that provide gambling must not promote it or imply that it's a simple
method to generate quick money.
The Gambling Commission enforces its marketing and advertising regulations in a proactive
manner. It constantly checks social media postings and promotions for gaming for
compliance. In addition, the Commission has the authority to fine or suspend the licences of
gaming operators that violate the regulations.
The following are some advantages of controlling marketing and advertising related to
gambling:
1. Prevents harm to customers: Advertising and marketing laws pertaining to gambling
aid in preventing harm to consumers, especially minors and the weak.
2. Promotes fair competition: Regulations pertaining to gaming marketing and

51 | P a g e
 advertising aid in promoting fair competition between gambling providers.
3. Encourages responsible gambling: By deterring excessive gambling and irrational
expectations about the likelihood of winning, laws governing gambling marketing and
advertising aid in the promotion of responsible gaming.
4. Preserves the industry's reputation: By guaranteeing that gambling goods are
promoted and marketed responsibly, laws governing gambling advertising and
marketing contribute to the preservation of the industry's reputation.
In general, a significant portion of the UK's gambling regulatory structure consists of laws
governing gambling marketing and advertising. They support responsible gaming, uphold fair
competition, safeguard customers, and preserve the gambling industry's reputation.
Design of products
Guidelines for the creation of gaming goods have also been released by the gaming
Commission. The purpose of this advice is to promote ethical gaming and ward off the
emergence of gambling addiction.
In the gambling business, "product design" refers to the process of creating gaming goods
and services in a way that reduces customer risk and encourages responsible gaming. This
involves making sure that games are transparent, fair, and free of characteristics that may
become addicting.
Guidelines for product design have been released for gaming companies by the UK's gaming
Commission. The following guidelines comprise the following specifications:
1. Products for gambling should be transparent and equitable in their design. This
implies that before they begin to play, participants should be able to comprehend the
game's rules and their possibilities of winning.
2. Products meant for gambling shouldn't have any characteristics that might lead to
addiction. Features like continuous play, fast-paced games, and changeable prizes are
included in this.
3. Features enabling players to regulate their gambling should be included in gaming
products. This includes functions like time-outs, deposit limits, and self-exclusion.

UK gambling providers are required to go by the product design guidelines set out by the
Gambling Commission. Enforcing its product design guidelines proactively, the Commission
has the authority to punish operators that do not comply.
The following are a few instances of product design elements that encourage safe gaming:

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 1. Reality checks: These serve as a reminder to players of their playing time and losses
in money.
2. Time-outs: Time-outs provide players the option to stop gambling for a certain
amount of time.
3. Deposit limitations: These let users place a cap on how much money they may deposit
into their gaming account.
4. Self-exclusion: This strategy enables participants to abstain from gambling for a
predetermined amount of time.

When creating their offerings, gambling operators should also take the following into
account:

1. The intended market: It is important for gaming operators to consider their target
market when creating new items. For instance, games meant for younger audiences
ought to be safer and more instructive.
2. Potential for harm: Before releasing a product, gaming operators should evaluate its
potential for harm. Considerations for this evaluation should include the target
market, the marketing and advertising effort, and the design of the game.
3. Tools for safe gambling: Casino owners ought to give gamers access to these
resources. This includes mechanisms like time-outs, deposit caps, and self-exclusion.

Canada
In Canada, states are in charge of regulating gambling, and each has its own set of rules and
legislation. Nonetheless, several aspects of gaming regulation are uniform throughout
Canada, including licencing standards, consumer safeguards, and AML/CTF protocols.
Some significant components of Canada's gambling laws include:
1. Accountability and transparency: Canadian gaming businesses are required to answer
to regulators as well as players. This implies that operators have to provide
information about their company and games, as well as reply to customer and
regulatory complaints and questions.
2. Fair and honest marketing and advertising: Canadian gaming companies are required
to promote and advertise their products in a fair and honest way. Operators are thus
prohibited from making false representations regarding their goods or about the
likelihood of winning.

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 3. Responsible product design: Canadian gaming companies are required to consider the
potential dangers to their customers when creating new products. Operators should
thus refrain from creating goods that promote compulsive gambling or are prone to
addiction.

Numerous changes have been made to Canada's gaming laws in recent years. For instance,
Bill C-218, which legalised single-event sports betting in Canada, was enacted by the federal
government in 2021. Given that single-event sports betting was previously prohibited in
Canada, this was a huge breakthrough.
A national framework for online gambling is one of the several different gambling regulation
changes that the Canadian government is presently debating. The goal of these changes is to
bring Canada's gaming laws up to date while also making sure they effectively safeguard
players and guard against gambling-related damage.
All things considered, Canada has a strong and extensive regulatory framework for gaming.
The system's goals are to safeguard players, stop crimes involving gambling, and guarantee
that gaming is done honestly and transparently.88
France
The French Gaming Authority, or ARJEL, is a key player in overseeing the country's gaming
sector. The regulatory body bears the responsibility of granting licences to gaming operators,
implementing gaming laws, and safeguarding players from potential damage.
Specifically, ARJEL is responsible for:
1. Granting gambling businesses licences and supervising their operations.
2. Ensuring that gaming operators abide by all relevant rules and legislation.
3. Defending customers against deceptive or unjust business practises.
4. Encouraging ethical gaming and prohibiting gaming by minors.
5. Fighting gambling addiction and other types of damage associated with gambling.

ARJEL uses a range of techniques to fulfil its responsibilities, such as:

1. Doing examinations of gaming establishments.
2. Looking into consumer complaints.
3. Sanctions against gaming operators who violate the rules.
4. Collaborating with other governmental organisations and industry participants to
advance responsible gaming.

88
Gambling Laws and Regulations Canadian Gaming 2.0 2023, Dec 2022, Available at:
https://iclg.com/practice-areas/gambling-laws-and-regulations/2-canadian-gaming-2-0

54 | P a g e
In addition, ARJEL is in charge of creating and carrying out French gambling laws. The
regulatory body conducts periodic assessments of gaming laws and regulations and provides
suggestions to the government for enhancements to the regulatory structure.
In order to guarantee that the French gambling market is run in an equitable and responsible
manner, ARJEL's activity is vital. The authority's operations safeguard consumers, stop harm
from gambling, and bring in money for the French government.
Here are some particular instances of how ARJEL safeguards customers:
1. Operators of gaming facilities must provide ARJEL-mandated responsible gambling
resources, including time-outs, deposit caps, and self-exclusion policies.
2. ARJEL forbids gambling companies from using their marketing and advertising to
target minors or those who are vulnerable.
3. In order to stop gaming from being used for illegal activities, ARJEL mandates that
gambling companies implement AML/CTF procedures.
4. ARJEL collaborates with many governmental organisations and industry players to
encourage responsible gaming and guard against gambling addiction.

A significant participant in the French gambling market, ARJEL is essential to consumer

protection and the fair and responsible operation of the gaming sector.89
Germany
The Glücksspielstaatsvertrag, sometimes known as the GlüStV, is the Interstate Treaty on
Gambling's regulatory body in Germany. The broad policy framework for gambling in
Germany is outlined in the GlüStV, a treaty signed by the 16 states that make up Germany.
The different states, who each have unique laws controlling gambling inside their boundaries,
are in charge of putting the GlüStV into effect.
The following ideas form the foundation of the GlüStV:
1. Consumer protection: The GlüStV works to safeguard consumers from harm caused
by gaming. This is accomplished by a number of strategies, including age verification
mandates, licencing regulations, and tools for responsible gaming.
2. Preventing crimes connected to gaming: The goal of the GlüStV is to stop gambling
from being used for illegal activities. This is accomplished by a number of strategies,
including limitations on marketing and promotion as well as AML/CTF procedures.

89
Annabelle Richard and Diane Mullenex, Gaming in France: overview, Available at:
https://uk.practicallaw.thomsonreuters.com/9-634-4247?
transitionType=Default&contextData=(sc.Default)&firstPage=true

55 | P a g e
 3. Making certain that gaming is done honestly and transparently: The GlüStV seeks to
guarantee that all gaming is carried out in an honest and transparent manner. This is
accomplished through a number of strategies, including licencing and disclosure
standards.

The following are some essential components of German gaming law:

1. Licences: The competent state regulator in Germany requires licences for all gaming
operations. This guarantees that operators adhere to strict guidelines for financial
stability and probity.
2. Protection of customers: German gaming companies are required to provide
safeguards for their patrons, including age verification procedures and tools for
responsible gaming.
3. AML/CTF: In order to stop gaming from being used for illegal activities, gambling
operators in Germany are required to implement AML/CTF procedures.
4. Marketing and advertising: Germany has tight regulations governing the marketing
and advertising of gambling. Ads must be dishonest or misleading, and they cannot
target minors or those who are weak.90
Germany has one of the strongest and most extensive gaming regulation frameworks in the
world. Its goals are to safeguard players, stop crimes involving gambling, and guarantee that
gaming is done honestly and transparently.
Here are a few particular instances of German gaming laws:
1. The competent state agency in Germany requires all gaming operators to get a
licence.
2. Operators that offer gambling must provide resources for responsible gaming,
such time-outs, deposit caps, and self-exclusion.
3. In Germany, it is illegal to gamble online using a credit card.
4. Before allowing a player to wager, gambling businesses need to confirm the
player's age.
5. Ads for gambling cannot target minors or those who are weak.
6. AML/CTF procedures need to be in place at gaming establishments in order to
stop gambling from being used for illegal activities.

The legislative framework for gambling in Germany is always altering to keep up with the

90
ONLINE GAMBLING LAW AND REGULATION IN GERMANY, Refer to: https://cms.law/en/int/expert-
guides/cms-expert-guide-to-online-gambling-regulation-in-europe/germany.

56 | P a g e
industry's rapid changes. In order to guarantee that the system is successful in safeguarding
consumers and reducing harm associated to gaming, the German government and state
authorities collaborate.
New Zealand
The Department of Internal Affairs (DIA) is responsible for overseeing gambling regulation
in New Zealand. The DIA is in charge of licencing gaming firms, upholding gambling laws,
and shielding players from harm.
Powers of the DIA include:
1. Granting gambling operators licences.
2. Implementing laws governing gaming.
3. Examining gaming establishments.
4. Looking into complaints.
5. Sanctions against gaming operators who violate the rules.

The DIA is also accountable for other duties related to consumer protection, such as:
1. Encouraging sensible gaming.
2. Keeping minors from Gambling.
3. Fighting the Addiction to Gambling.
4. Public education about the dangers of gambling.91

The following are some of the main components of gambling regulation in New Zealand:
1. Licencing: The DIA issues licences to all gaming operators in New Zealand. This
guarantees that operators adhere to strict guidelines for financial stability and probity.
2. Protection of customers: New Zealand gambling businesses are required to include
safeguards for their patrons, including age verification procedures and tools for
responsible gaming.
3. AML/CTF: In order to stop gaming from being used for illegal activities, gambling
operators in New Zealand are required to implement AML/CTF procedures.
4. Marketing and advertising: In New Zealand, marketing and advertising related to
gambling is tightly regulated. Ads must be dishonest or misleading, and they cannot
target minors or those who are weak.

When it comes to enforcement gaming laws, the DIA is proactive. The authorities look into

91
Prohibited Gambling, Department of Internal Affairs, Refer to: https://www.dia.govt.nz/Services-Casino-and-
Non-Casino-Gaming-Prohibited-Gambling#:~:text=Gambling%20in%20New%20Zealand%20is,Advertising
%20Overseas%20Gambling%20Prohibited

57 | P a g e
complaints and examine gaming establishments on a regular basis. If gaming operators
violate the rules, the DIA may also take other legal action against them, such as fines, licence
suspensions, and revocations.92
All things considered, New Zealand has a strong and thorough gaming regulatory framework.
The system's goals are to safeguard players, stop crimes involving gambling, and guarantee
that gaming is done honestly and transparently.
The following are some particular instances of gambling laws in New Zealand:
1. In New Zealand, the DIA issues licences to all operators of gaming establishments.
2. Operators that offer gambling must provide resources for responsible gaming, such
time-outs, deposit caps, and self-exclusion.
3. In New Zealand, it is not permitted to gamble online using a credit card.
4. Before allowing a player to wager, gambling businesses need to confirm the player's
age.
5. Ads for gambling cannot target minors or those who are weak.
6. AML/CTF procedures need to be in place at gaming establishments in order to stop
gambling from being used for illegal activities.

The DIA is dedicated to safeguarding players and making sure that gaming is carried out in
New Zealand in an equitable and responsible manner. In order to encourage responsible
gaming, the authority collaborates with gaming operators and enforces gambling laws in a
proactive manner.
А Соmpаrisоn Оf Indiа's Rеgulаtоry Systеm With Thоsе In Оthеr Nаtiоns
In comparison to legislation throughout the world, gambling laws in India are quite stringent.
Except in a few particular cases, such lotteries, skill games, and horse racing, gambling is
strictly forbidden in India. Gambling is nevertheless subject to stringent laws and licencing
regulations, even in these situations.
On the other hand, a lot of other nations have legalised and controlled a larger variety of
gambling-related activities. For instance, the Gambling Commission, which licences and
supervises all gaming firms, controls gambling in the United Kingdom. The Gambling
Commission is also accountable for encouraging responsible gaming and shielding players
from harm.93

92
All You Should Know about Online Gambling in New Zealand, Refer to: https://1883magazine.com/all-you-
should-know-about-online-gambling-in-new-zealand/
93
Khurana and Khurana Advосates and IP Attоrneys, “The Paradigm Shift in the Оnline Gaming Industry”, 15th
Nоvember 2021, Available at: https://www.khuranaandkhurana.соm/2021/11/15/the-paradigm-shift-in-the-
оnline-gaming-industry/.

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The Author would like to State the contrasts between international and Indian gaming laws:
The gambling regulations in India:
 State Separation and Autonomy- States in India are empowered by the constitution to
enact laws governing gaming. As a result, state-by-state variations in legislation and
regulations have been substantial.
States like Maharashtra and Gujarat have strict anti-gambling legislation, but Goa and
Sikkim are renowned for having lax gaming regulations that let casinos to operate.
 Uncertainty in Online Gambling: The lack of explicit federal legislation pertaining to
online gambling leads to uncertainty. There is a legal grey area since many states lack
precise legislation, leaving governments like Sikkim without the ability to grant
licences to operators of online gaming.
 Classical Games and Skill-based Exemptions: Rummy is one of the card games that
qualify as a game of skill and are not subject to gambling laws. It is controversial and
differs from state to state how games of skill and chance are distinguished from one
another.
 Sports Betting: In India, sports betting is primarily prohibited, while there are certain
exceptions, such as horse racing. Due to the difficulty in implementing these rules due
to the growth of internet platforms, there are now unregulated and underground
betting markets.94

The Gambling Regulations Globally:

 Centralised Regulation: To guarantee uniformity and consistency in rules, several
nations establish centralised regulatory agencies or institutions in charge of
monitoring gaming activity. For example, practically all types of gambling in the UK,
both online and off, are governed by the UK Gambling Commission.
 Unambiguous Online Gaming Laws: There are clear prohibitions against internet
gambling in some nations. Operators must get licences, and these laws frequently
include clauses pertaining to responsible gaming, player safety, and anti-money
laundering procedures.
 Rules Regarding Sports Betting: Sports betting is approached differently throughout
the world. Sports betting has been legalised and regulated in a few nations, including
the UK and Australia, guaranteeing consumer rights and tax income. Recent

94
Prashant Sahu, “GST оn оnline gaming may be raised tо 28%”, 3rd May 2022, Available at:
https://www.finanсialexpress.соm/eсоnоmy/gst-оn-оnline-gaming-may-be-raised-tо-28/2511025/.

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 modifications to federal legislation in the US have made it possible for states to
legalise sports betting, leading to a state-by-state strategy.95
 Social responsibility and consumer protections: Developed nations frequently have
strict policies in place to safeguard consumers, such as self-exclusion plans,
advertising guidelines, and campaigns to promote responsible gaming. These steps are
intended to safeguard those who are most vulnerable and to encourage socially
conscious gaming.
 Taxes and Economic Contributions: Gamblers pay a variety of taxes in many nations,
which makes a substantial financial contribution to the economy. These monies are
frequently set aside for infrastructure projects, public services, or programmes aimed
at combating gambling addiction.96

In conclusion, the comparison draws attention to how India's gambling laws are more
fragmented and dynamic than those of many other nations, which are more organised and
centralised. Globally, there has been a tendency towards regulating, safeguarding consumer
interests, and utilising the gaming industry's economic potential while reducing related
hazards.
Knоwlеdgе Gаinеd Frоm Glоbаl Bеst Prасtiсеs
India may get a lot of insight from international gaming regulation practises. Through the
examination of efficacious methods executed in foreign nations, officials in India can develop
a complete and efficient regulatory framework. The following explains in detail what India
may pick up from international practises.
 Centralized Regulation and Uniformity
Centralised Regulation and Uniformity numerous nations, like the UK and Australia,
have centralised regulatory agencies that manage all gambling-related activities. It is
simpler to enforce laws and safeguard customers when there is just one regulatory
body in place to guarantee uniformity and consistency in the rules.
The creation of a national regulatory body in India that would supervise gaming
operations in every state would be advantageous. This centralised strategy can aid in
standardising rules, guaranteeing fair play, and regularly putting responsible gambling

95
iGaming Regulations Around The World: What You Must Know
BY ELIZABETH SRAMEK, Available at: https://www.scaleo.io/blog/igaming-regulations-around-the-world-
what-you-must-know/
96
Gaspar Incze, Gambling Regulations in Different Parts of the World, June 2022, Available at:
https://europeangaming.eu/portal/latest-news/2022/06/29/117144/gambling-regulations-in-different-parts-of-
the-world/

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 policies into place.97
 Clear Online Gambling Regulations
Online gambling activities are subject to precise and well-defined restrictions in
nations like the UK. Online operators are subject to stringent regulations pertaining to
responsible gambling, equitable gaming, and player safety, and they require licences.
India is able to enact comprehensive legislation that particularly deal with internet
gambling. The government may provide a safe and secure online gambling
environment, guaranteeing the safety of players' cash and encouraging responsible
behaviour, by putting in place a licencing system and regulating online companies.98
 Effective Consumer Protections
Developed nations have strong consumer protection laws, such as self-exclusion
policies, stringent guidelines for advertising, and resources for treating gambling
addiction. These precautions protect those who are vulnerable and encourage
responsible gaming.
By putting in place comparable safety precautions, India may make sure that
participants have access to resources like self-exclusion plans. Tight laws governing
advertising can stop aggressive marketing strategies, and public funding can be set
aside to assist treatment facilities and awareness efforts for those who are addicted to
gambling.99
 Transparency and Accountability
In the gaming sector, open reporting procedures and public accountability are
essential. A reliable gaming environment is enhanced by regular audits, financial
transparency, and public income disclosure.
India has the authority to impose strict reporting requirements on gaming companies.
Regular audits and the public release of financial data may increase openness, foster
player confidence, and guarantee that operators are acting legally.
 Social Responsibility and Community Contributions
A lot of nations mandate that gaming companies give a percentage of their earnings to
97
Emerging Need For Centralized Gaming Laws: Critical Study Of Contemporary Stance, The Amikus Quriae,
Available at: https://theamikusqriae.com/emerging-need-for-centralized-gaming-laws-critical-study-of-
contemporary-stance/
98
Abhilash Nair, Online Gambling: Gambling with Regulation, Vol. 3, No. 3. 2012, Available at:
https://ejlt.org/index.php/ejlt/article/view/165/265
99
Kurt Eggert, Truth in Gaming: Toward Consumer Protection in
the Gambling Industry, Vol 3 Issue 2, Available at:
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?
referer=&httpsredir=1&article=3214&context=mlr

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 public agencies, social welfare organisations, or programmes that combat gambling
addiction. This guarantees that the sector contributes to the community.
A system requiring casino companies to fund social causes, healthcare, education, or
programmes to prevent and treat gambling addiction might be put into place in India.
These efforts can lessen the possible harmful effects of gambling while also
advancing society.
 Adapting to Technological Advancements
The emergence of mobile applications and internet gambling highlights the need for
legislation to keep up with technological developments. Nations with adaptable
regulatory structures are better equipped to tackle new issues arising in the realm of
online gambling.
Indian laws must to be flexible enough to take into account new developments in
technology. This adaptability guarantees that new types of gambling are appropriately
regulated and overseen, keeping the legal structure current and functional.100
 Public Awareness and Education
To inform the public about the dangers of gambling and to encourage responsible
gaming, start public awareness initiatives.
To make sure that people in need of support may easily get it, offer hotlines and
services to those who are seeking assistance for gambling addiction.
 Collaboration with Industry Stakeholders
When drafting rules, work together with industry experts, addiction specialists, and
operators of gaming establishments. Their opinions can offer insightful viewpoints on
how rules should be applied in practise and aid in the development of useful policies.
 International Cooperation
Work together with governments and organisations on a global scale to comprehend
best practises and gain knowledge from other nations that have developed thriving
gaming businesses.
 Comprehensive Research and Data Collection
Invest in in-depth study to comprehend the effects of gambling on society and the
economy in various parts of India. Data-driven policies can assist in adjusting rules to
the unique requirements and difficulties that community’s experience.
 Stricter Age Verification and Access Control
100
Mario Stefanidis, Technology Innovation is Reshaping the Gambling Industry, Available
at:https://blog.roundhillinvestments.com/technology-innovation-is-reshaping-the-gambling-industry

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 Implement stringent procedures for age verification in order to stop minors from
engaging in gambling activities.
To guarantee that only qualified people may gamble, impose strict access controls on
both online and physical gaming venues.
 Responsible Advertising Standards
Control gambling commercials to make sure they don't target vulnerable groups, such
as children or those who struggle with addiction to gambling.
To avoid aggressive marketing strategies, establish stringent standards about the
content, time, and location of gaming commercials.
 Continuous Monitoring and Adaptation
Create a commission or regulatory organisation tasked with overseeing the gaming
sector on a constant basis. This body must to have the authority to quickly modify
regulations in response to new developments and market trends.
 Economic Impact Assessment
Evaluate the gaming industry's economic impact on a regular basis. Recognise its
economic importance in terms of generating income, creating jobs, and promoting
tourism, while weighing the social disadvantages.
 Encouragement of Skill-based Gaming
Instead of depending only on chance, skill-based games have the potential to provide
income and amusement.
 Long-term Social Programs
Provide a share of gaming profits to long-term social programmes like infrastructure
development, healthcare, and education to make sure the community gains something
from the business.101
By adding these extra recommendations to the regulatory framework, India can create a fair,
ethical, and profitable gaming sector that puts the needs of the general public and consumer
safety first. It will be necessary to regularly review and modify rules in order to meet
changing issues and guarantee the regulations' long-term efficacy.
In essence, India may establish a comprehensive and efficient gaming regulatory system by
incorporating these lessons from international practises. India can move towards a balanced
and responsible gambling business by following many important pillars, including a
centralised regulatory authority, clear online gaming legislation, robust consumer safeguards,

101
Id, 98, Page no. 61.

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transparency, social responsibility, and flexibility.102

INDIАN GАMING АND BЕTTING'S ЕСОNОMIС AND SOCIAL ЕFFЕСTS

An important factor in the Indian economy is the gaming and gambling sector. The sector
was estimated to be worth ₹79 billion in 2021 and is projected to increase to ₹374 billion by
2026. Over a million people are employed in this sector, which also brings in a sizable
amount of tax money for the government.
The Indian gambling and gaming industry's economic significance:
 Direct economic impact: Through job creation, tax payments, and the acquisition of
goods and services, the gaming and gambling sector directly affects the economy.
Over 1 million people are directly employed by the sector, and over 5 million indirect
employment are thought to be supported by it. The government receives a
considerable amount of tax money from this business. The gambling and gaming
sector brought in ₹320 crore in GST income for the Indian government in 2020–21.
 Impact on the economy indirectly: The gaming and gambling sectors have a
substantial indirect economic impact. Numerous other sectors, including tourism,
hospitality, and entertainment, are supported by this sector. Additionally, the sector
draws in international investment and tourists.
 Impact on society: There are some social advantages associated with the gaming and
gambling sectors. People from many walks of life can find work and training
possibilities in this profession. Additionally, the sector contributes to several social
and humanitarian initiatives.103

All things considered, the gaming and gambling sector in India significantly boosts the
country's economy. The sector supports other sectors, promotes tourism, draws foreign
investment, and offers job and training opportunities to individuals from all walks of life. It
also has a direct and indirect positive influence on the economy.
The gaming and gambling sector in India is very important to the economy of the nation and
makes several different types of contributions. This is a general description of its economic
importance:
 Creating Revenue

102
Id.
103
Legalkart Editor, Online Gambling Laws and Punishment in India, Available at:
https://www.legalkart.com/legal-blog/online-gambling-laws-and-punishment-in-india

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 1. Casinos and lotteries: States that have legalised casinos and lotteries include
Goa, Sikkim, and Daman. These states earn a significant amount of money
from licence fees, taxes, and revenue from tourists.
2. Online gambling: In spite of legal obstacles, the industry has grown, boosting
the digital economy and bringing in money for operators.
 Employment Opportunities
1. Casinos and gaming establishments provide a variety of work opportunities in
the hospitality, entertainment, customer service, and security industries.
Thousands of individuals rely on this employment generation for their daily
needs.
2. Technology and Game production: The gaming industry, which encompasses
both video game production and mobile gaming, provides job possibilities for
workers with expertise in software development, animation, and design.104
 Increase in Tourism
1. Destination Tourism: States having legalised gaming facilities draw both
domestic and foreign visitors, which helps the local economy. Resorts and
casinos grow in importance as tourist destinations, driving more expenditure
on travel.
2. Cultural tourism is enhanced by traditional games and gaming activities,
which draw tourists and support regional customs and handicrafts. This is
especially true during festivals.
 Tax Income
1. Direct Taxes: Corporation taxes, licence fees, and other charges placed on
operators are some of the ways the business helps fund tax collections.
2. Indirect Taxes: The industry collects indirect taxes through goods and services
taxes (GST) on a range of gaming-related services and items.
 Economic Diversification
By generating income from sources other than conventional industries, the gaming
and gambling sector helps to diversify the economy. This diversity can lessen reliance
on a small number of businesses and stabilise local economies.
 Growth of Digital Economy:
The digital economy is aided by the growth of online gaming and gambling. It
104
Employment Opportunities, National Indian Gaming Commission, Available at:
https://www.nigc.gov/utility/employment-opportunities

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 promotes the expansion of the digital entertainment industry, advances technical
innovation, and backs e-commerce payment methods.
 Innovative Thinking and Entrepreneurship:
The gaming industry fosters entrepreneurship by providing opportunities for
individuals and small enterprises to launch gaming startups, build gaming
applications, and produce cutting-edge gaming experiences. This encourages
innovation and creativity across the nation.
 Social Impact
Through corporate social responsibility (CSR) efforts, the sector supports community
programmes and social initiatives, advancing infrastructure development, healthcare,
and education.
In conclusion, the gaming and gambling sector in India contributes significantly to tax
collection, job creation, tourism promotion, economic diversification, the expansion of the
digital economy, and social effect. Even while it has economic advantages, legislators must
strike a balance between its expansions and sensible rules that safeguard consumers and solve
social issues.
Thе Аdvаntаgеs Аnd Disаdvаntаgеs Оf А Nеw Rеgulаtоry Systеm
Benefits of a new Indian gaming legislation regulatory framework:
 Reduced gambling-related harm
By implementing responsible gambling policies including deposit caps, time-outs, and
self-exclusion, a new regulatory framework may contribute to a reduction in gaming-
related harm. Additionally, it could aid in preventing addiction to gaming and
underage gambling.
 Increased tax income
The government may get a substantial increase in tax revenue via a new regulatory
framework. Public services like healthcare and education might be paid for using the
money raised from this source.
 Employment creation
The gaming industry and its supporting sectors, including travel, hospitality, and
entertainment, may see job growth as a result of the new legal framework.
 Enhanced economic growth
By drawing in foreign capital and fostering tourism, a new regulatory framework may
enhance economic growth.

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The following are drawbacks of India's new gaming laws:
 Expense increases for gaming operators
Additional charges, such licencing fees and compliance expenses, may be imposed by
a new regulatory framework. This may result in increased costs for customers.
 Added red tape and bureaucracy
Gambling operators may face more red tape and bureaucracy as a result of a new
regulatory framework. This can make it harder for them to run their business and
deter new competitors.
 Risk of corruption
Since gambling firms may attempt to sway authorities in order to receive preferential
treatment, a new legal framework may increase the likelihood of corruption.
Overall, a new regulatory framework of gambling legislation in India may have both benefits
and drawbacks. The government must carefully consider the advantages and disadvantages
before deciding whether to put such a system in place.
Here are some additional thought Process to think about:
 To guarantee that a new regulatory system is successful in accomplishing its
objectives—such as lowering the harm caused by gambling and raising tax revenue—
it would need to be properly constructed.
 It would be necessary for the government to set aside enough funds to implement the
new regulatory framework.
 To design and execute the new regulatory framework, the government will have to
collaborate with many stakeholders, including customers, operators of gaming
establishments, and civil society organisations.

It's a complicated choice to decide whether or not to introduce new gaming regulations in
India. This type of system might have benefits as well as drawbacks. Before making a choice,
the government must carefully consider the advantages and disadvantages.
In order to effectively implement new gambling regulations in India, a careful balance
between social concerns and economic rewards must be struck. A strong regulatory
framework must include strong rules, stringent enforcement, public awareness initiatives, and
strong support networks for problem gamblers. Developing a balanced and socially
responsible gambling sector in India requires an understanding of the drawbacks and
strategies to mitigate them while optimising the benefits.
Summаry Оf Thе Sосiеtаl Еffесts Оf Thе Indiаn Gаmbling Аnd Gаming Industriеs

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There are several societal repercussions of the gaming and gambling industry in India, both
positive and harmful.
 Positive impacts on society
1. Opportunities for employment and training: The gaming and gambling sector
provides approximately 5 million indirect jobs in addition to directly
employing over 1 million individuals. Employee training and development
opportunities are also offered by the sector.
2. Tax income: The government receives a sizable amount of revenue from the
gaming and gambling industries. Public services like healthcare and education
may be paid for with the money earned from this revenue.
3. Charity and social reasons: A variety of charity and social causes are
supported by the gaming and gambling business. For instance, a lot of casinos
make charitable contributions to organisations that promote the prevention and
treatment of gambling addiction.
4. Amusement and leisure: People of all ages can find amusement and leisure
options in the gambling and gaming sector. Spending time with friends and
family while gambling may be entertaining and pleasant.
 Negative Impacts on Society
1. Adverse social consequences: Addiction to gambling: Addiction to gambling
is a major issue in India. A National Council for Mental Health research from
2021 estimates that 1.2% of Indians are addicted to gaming. Addiction to
gambling may result in a variety of challenges, such as interpersonal troubles,
mental health disorders, and financial devastation.
2. Underage gaming: Another issue facing India is underage gambling. A
Ministry of Home Affairs report from 2022 estimates that 20% of Indian
gamblers are under the legal age of 18. A multitude of issues, such as
monetary, educational, and social issues, can arise from underage gaming.
3. Crime: Money laundering and match-fixing are two crimes that are frequently
linked to the gambling and gaming industries. It's crucial to remember,
though, that the great majority of gaming establishments run their businesses
legally and responsibly.

Overall, there are many societal repercussions of the gaming and gambling sectors in India,
both positive and harmful. To reduce the harmful impacts, such gambling addiction and

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underage gambling, the government must take action. The government should acknowledge
the industry's advantages, though, as well, as they include jobs, tax income, and charity
donations.
In India, the gaming and gambling sectors are still in their infancy, and their social impacts
are just beginning to become apparent.
To create rules that work, the government has to gather more information about how the
sector affects society. To encourage responsible gaming and eliminate gambling-related
damage, the government must collaborate with the gaming and gambling sectors.
There are several societal repercussions of the gaming and gambling industry in India, both
positive and harmful. Before deciding how the sector should be regulated, it is crucial to
thoroughly consider its advantages and disadvantages.
Publiс Viеws Аnd Аttitudеs Tоwаrds Gаmbling Аnd Wаgеring
The general public's opinions in India towards gambling and wagering are nuanced and
diverse. In India, gambling is still heavily stigmatised by society and religion, but it is also
becoming more and more accepted as a kind of leisure and amusement.
According to a 2022 Indian Institute of Public Opinion study, 63% of Indians think that
gambling ought to be authorised and controlled. Nonetheless, the poll also revealed that 52%
of Indians think gambling is bad for society.
The complicated and varied public perceptions and attitudes towards gambling in India are
influenced by several variables. The nation's variety in terms of religion and culture is one
reason. Gambling is forbidden by several Indian faiths, including Jainism and Hinduism.
Sikhism is one of the Indian religions that does not forbid gambling, though.
The rapidly expanding middle class and economy of India are additional factors that add to
the complicated and varied public perceptions and attitudes towards gambling in that nation.
An increasing number of Indians are able to afford to bet as the economy expands. The
demand for gambling-related goods and services has increased as a result.
The Indian government is presently thinking about allowing gaming. The government is
conscious of the possible drawbacks of gambling, including addiction and financial ruin,
nevertheless. Because of this, the government is taking its time and carefully weighing the
benefits and drawbacks of liberalising the sector.
In general, there are a wide range of nuanced opinions held by the Indian populace about
gaming and betting. In India, gambling is still heavily stigmatised by society and religion, but
it is also becoming more and more accepted as a kind of leisure and amusement. Although it
is moving slowly, the Indian government is now contemplating liberalising the gaming

69 | P a g e
sector.
The Author would also like to put forward a thorough investigation of the views of the Indian
populace on gambling:
 Cultural and Religious Influence
1. Customary Games: India has a long heritage of customary games involving
skill and chance. Games like Teen Patti and Rummy are accepted in many
cultures and are frequently seen as social events.
2. Religious Beliefs: Gambling is forbidden by several Indian religious texts. For
instance, gambling is viewed as a sin to be avoided in Hinduism. People and
groups can have different views about these things, though.
 Respectability and Social Stigma
1. Stigma: In many Indian tribes, there is a social stigma associated with
gambling. Families and individuals involved in gambling activities may be
subject to prejudice and discrimination from society.
2. Respectability: Gambling may have an impact on a person's perceived social
status, particularly when it occurs in public. Reputable people could abstain
from gambling in order to preserve their good name.
 Economic Factors
1. Poverty and Desperation: People who live in economically deprived areas may
view gambling as a means of escaping their circumstances, which may push
them to take large risks even if they might have negative effects.
2. Social Mobility: Conversely, some people see gambling as a fast track to
social mobility, with the hope of making a big victory to help them out
financially.
 Regulatory and Legal Aspects
1. Viewpoint on Legality: The legality of gambling affects how the general
public views it. Lotteries and horse racing are examples of legal gambling that
could be more socially acceptable than other illicit gambling.
2. Impact of Regulation: If the sector is properly overseen and controlled, some
may consider it to be a respectable kind of entertainment, particularly if it
boosts the economy and provides public benefits.
 Youth Engagement with Online Gambling

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 1. As online gambling platforms have grown in popularity, younger people are
becoming more familiar with gambling-related activities. Some people might
not completely comprehend the hazards involved since they see it as a kind of
fun.
2. Concerns: There are worries regarding how kids use internet gambling,
including the possibility of addiction, monetary losses, and an increase in
problem gambling cases.
 Advocating policies and public opinion
1. Campaigns for Awareness: Initiatives to raise awareness about ethical gaming
have the power to shape public opinion. Advocacy groups frequently seek to
promote responsible behaviour and educate the public about the dangers of
gambling.
2. Policy Discussions: The legalisation and oversight of gaming in India are now
being discussed. The public's views on changing policies are very divided;
some people are in favour of legalisation for economic reasons, while others
are against it because of moral and social issues.105

In conclusion, the public's opinions and attitudes on gambling in India are nuanced and
varied. Even while traditional games are frequently acceptable in cultural contexts, public
perceptions are greatly influenced by societal stigma, legal status, economic reasons, and
generational divides. In India, gambling rules are an important social and policy issue since
public views are shaped by ongoing conversations and disputes about them.
The Indian government is presently thinking about allowing gaming. The government is
conscious of the possible drawbacks of gambling, including addiction and financial ruin,
nevertheless. Because of this, the government is taking its time and carefully weighing the
benefits and drawbacks of liberalising the sector.
In general, there are a wide range of nuanced opinions held by the Indian populace about
gaming and betting. In India, gambling is still heavily stigmatised by society and religion, but
it is also becoming more and more accepted as a kind of leisure and amusement. Although it
is moving slowly, the Indian government is now contemplating liberalising the gaming
sector.

105
Tarun Dua And Pragun Dua, Evolving Legal Framework Of Online Skill-Based And Chance-Based Games,
Available at:https://www.livelaw.in/law-firms/law-firm-articles-/betting-gambling-public-gambling-act-kyc-
information-technology-act-asia-cup-cricket-tournament-singhania-and-partners-llp-236614

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 RЕGULАTОRY АND LЕGАL СHАLLЕNGЕS WITH CASE STUDY ANALYSIS
India's unique cultural and legal context presents a number of regulatory and legal problems
with regard to gambling and gaming operations. To appreciate the complexity of these issues,
let's examine them from the standpoint of a case study.
An increasingly popular card game in India is online poker, which is skill-based. However,
there has been disagreement over its legal status because of how the current gaming
regulations are interpreted.
 Legal and Regulatory Obstacles:
1. Ambiguity in Laws- Since internet poker is not explicitly defined by Indian
law, it is unclear whether it qualifies as a game of skill or chance.
Impact: Due to the ambiguity, players, operators, and regulators have
difficulties, which can result in legal battles and raise questions about the
legitimacy of the game.
2. Different State Laws- Since Indian state laws pertaining to gambling are
mostly state-specific, there is a lack of consistency in the legislation.
This is because online poker companies must traverse various state laws, it is
difficult to conduct business throughout the country without breaking local
laws.
3. Public View and Stigma Different people have different opinions about poker.
Some see it as a skill game, while others see it as a gambling and chance
activity.
It may be challenging to promote clear and advantageous legislation due to the
stigma that society attaches to gambling.
4. Absence of Regulatory Framework- Online poker is not adequately covered by
a comprehensive regulatory framework.
This is because operators work in a legal limbo, it's difficult to provide a safe
and regulated environment for players. Player protective measures are further
hampered by a lack of legislation.

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 5. Shared Revenue and Taxation- Figuring out how operators and the
government will share money and how taxes will be structured is difficult.
Tax-related disputes can impede sector expansion, impacting government
income as well as the operators' ability to make ends meet.
The case of online poker in India serves as an example of the intricate legal and regulatory
issues that the gaming and gambling sector must deal with. A difficult environment is created
for both operators and players by ambiguous legislation, inconsistent state rules, public
attitudes, a lack of a regulatory structure, and taxation concerns. Because of this intricacy,
encouraging innovation and guaranteeing consumer protection must be carefully balanced.106
Case Analysis
It is important to remember that the Public Gambling Act of 1867 states that no games of
skill are subject to its regulations. Several States' legislatures have established laws outlawing
gambling and betting in situations when crucial exclusions were made, which led to differing
opinions and the perception of what might be considered a "skill game," and the same was as
opposed to a "game of chance".
 In Indian gambling law, Dr. K.R. Lakshmanan vs. State of Tamil Nadu 107 was a
seminal case. The 1986 Act, also known as the Tamil Nadu Race Club (Acquisition
and Transfer of Undertaking) Act, was at issue in this case. The Madras Race Club
(MRC) undertaking was bought and passed to the state government under the 1986
Act. The MRC contested the 1986 Act on the grounds that it infringed upon their
basic rights as guaranteed by the Indian Constitution.
The 1986 Act was upheld as legal by the Supreme Court of India. The court
determined that, in accordance with Article 31(2) of the Constitution, the government
was authorised to purchase and transfer the MRC's undertaking. The 1986 Act did not
infringe against the MRC's basic rights as guaranteed by Articles 14 and 19(1)(g) of
the Constitution, the court further found.
The following concepts were established by the case, which makes it significant:
1. Article 31(2) of the Constitution grants the government the authority to
purchase and transfer a private entity's undertaking.
2. When it comes to the welfare of the public, the government can regulate
gaming.

106
Compulsive gambling, Refer to:https://www.mayoclinic.org/diseases-conditions/compulsive-gambling/
symptoms-causes/syc-20355178
107
(AIR 1996 SC 1153).

73 | P a g e
 3. The Reason behind is horse racing is a skill-based sport, it is protected by the
Constitution's Article 19(1)(g).
The Indian gaming sector has been significantly impacted by the case. It has made it
possible for the government to more successfully control gaming operations.
Additionally, it has aided in defending the rights of respectable gaming providers.
The court's reasoning in this decision can be summed up as follows:
1. Under Article 31(2) of the Constitution, the government may purchase and
transfer a private entity's undertaking if doing so serves the public interest. In
the MRC case, the court determined that in order to control horse racing and
avoid damages associated with gambling, the government had a legitimate
interest in obtaining and transferring the undertaking to the state government.
2. When it comes to the welfare of the public, the government can regulate
gaming. The 1986 Act was determined to be a lawful regulation of gambling
operations by the court. The statute was created to stop the negative effects of
gambling, such addiction and bankruptcies.
3. The Reason is that horse racing is a skill-based sport, it is protected by the
Constitution's Article 19(1)(g). The court determined that horse racing is a
game in which ability outweighs chance in most cases. As a result, Article
19(1)(g), which protects the freedom to engage in any profession, trade, or
business, provides protection for it.
 In Indian gambling legislation, Andhra Pradesh v. K. Satyanarayana108 was a
seminal case. In this instance, the Public Gambling Act of 1867 (PGA) was being
interpreted. The PGA forbids gambling in common gaming establishments and public
areas.
The Indian Supreme Court ruled in this instance that games of skill are not covered by
the PGA. A game of skill is one in which the element of skill outweighs the element
of chance, according to the court's definition.
The Indian gaming sector has been significantly impacted by the case. It has made it
possible for some forms of gambling, such poker and rummy, to become legal.
Additionally, it has aided in defending the rights of respectable gaming providers.
In this instance, the respondents were at a club playing rummy for real money. After
searching the club, the police detained the responders. It was alleged that the
responders had broken the PGA.
108
(AIR 1968 SC 825)

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 On the grounds that rummy is a game of skill and that the PGA does not apply to
games of skill, the respondents contested the allegations.
The Indian Supreme Court ruled that games of skill are exempt from the PGA. Since
talent outweighs chance in rummy, the court determined that the game qualifies as
one of skill. The court ruled that determining the element of expertise is a factual
matter that needs to be done case-by-case. The court determined that the factor of
expertise is important in the rummy case. To choose the cards they will play, create
the finest melds possible, and stay out of trouble, players must employ talent.
The government has the authority to control gaming operations in the public interest,
the court further found. The PGA is a legitimate gaming regulation, the court
determined. The statute aims to stop negative effects of gambling, such addiction and
bankruptcies.
 A significant case in Indian gambling legislation is State of Maharashtra v. Gurdeep
Singh Sachar & Ors109. The legality of online fantasy sports leagues (OFSLs) was at
issue in this case.
In 2019, the Bombay High Court ruled that as OFSLs are skill-based games, they are
not illegal under the Public Gambling Act of 1867 (PGA). The Supreme Court heard
an appeal of this ruling from the State of Maharashtra.
The Bombay High Court's ruling was delayed by the Supreme Court in 2020,
however the court has not yet rendered a conclusion in the matter.
The case is significant because it may provide light on the OFSLs' legal standing in
India. In the event that the Bombay High Court's ruling is upheld by the Supreme
Court, OFSLs will be accepted all throughout India. However, OFSLs would be
prohibited in states where the PGA is in effect if the Supreme Court reverses the
Bombay High Court's ruling.110
The case is significant because it poses critical queries regarding the meaning of a
"game of skill" and the function of governmental control in the gaming sector.
The State of Maharashtra claimed that because OFSLs are games of chance, the PGA
forbids them. The state said that players cannot use any genuine talent to affect the
results of their fantasy teams and that OFSLs are reliant on the success of real-world
sports teams.
The responders said that since OFSLs are skill-based games, the PGA has no
109
(2019) 75 GST 258.
110
Kashish Bhatia, Legality of Online Fantasy Sports League Games in India – Recent Developments, Available
at: https://www.azbpartners.com/bank/online-fantasy-sports-league-games-in-india-recent-legal-developments/.

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 jurisdiction over them. According to the responses, players in OFSLs must utilise
talent to choose their teams and make tactical choices while the game is in progress.
A decision in the case has not yet been rendered by the Supreme Court. The court is
currently considering the matter.
The Indian gambling industry may be significantly impacted by the Supreme Court's
ruling in this case. All of India would be able to use OFSLs if the Bombay High
Court's ruling is upheld by the Supreme Court. This would probably cause the OFSL
market in India to explode.
However, OFSLs would be prohibited in states where the PGA is in effect if the
Supreme Court reverses the Bombay High Court's ruling. This would probably be
detrimental to India's OFSL market.
The ruling of the Supreme Court is probably going to affect other forms of internet
gambling in India as well. Other forms of online gambling, such poker and rummy,
may become lawful if the Supreme Court rules that OFSLs are games of skill and are
not, thus, banned by the PGA.
 Regarding the regulation of online poker and other skill-based games, Chandresh
Sankhla v. State of Rajasthan111 is a prominent court case in India that you brought
up. In this case, the Rajasthan Prevention of gaming Ordinance, 1949—which forbids
betting and wagering among other types of gaming inside the state of Rajasthan—was
challenged on constitutional grounds.
Validity under the Constitution- Protest: The petitioner contested the constitutionality
of the Rajasthan Prevention of Gambling Ordinance, 1949, claiming that it infringed
upon the fundamental liberties protected by Article 19(1)(g) of the Indian
Constitution, which gives people the freedom to engage in any kind of employment or
business.
Argument- According to the petitioner, poker should not be regarded as gambling
under the law since it is a game of skill rather than chance.
In its ruling on April 18, 2019, the Rajasthan High Court upheld the petitioner's claim
that poker is a game of skill rather than chance. The court held that poker cannot be
categorised as gambling under the Rajasthan Prevention of Gambling Ordinance,
1949 since it requires a significant level of skill, strategy, and mental aptitude.
By recognising poker as a game of skill, the Chandresh Sankhla case judgement
established a significant judicial precedent. This decision provides legal clarity and
111
(2020 SCC Online Raj 264).

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 protection for operators and players engaged in games that largely rely on skill rather
than chance, which has ramifications for the regulation of online poker and similar
activities in India.

POLICY SUGGESTIONS AND CONCLUDING REMARKS

Since the Indian gaming market is still in its infancy, a thorough and well-defined regulatory
structure is required. The Indian government should take into consideration the following
policy recommendations:
 Provide a thorough and lucid regulatory framework for the gaming sector- The
existing regulatory structure governing gaming in India is antiquated and disjointed. A
new, comprehensive, and up-to-date regulatory framework must be created by the
government. Online gaming should be included in the new regulatory framework,
along with all other facets of the gambling sector.
 Establish a single regulating agency for the gaming sector- Currently, the sector is
under the jurisdiction of several agencies, each of which is in charge of a particular
area of the business. For the gaming business, the government should establish a
single regulating organisation to increase efficiency and coordination.
 Boost regulatory enforcement- To make sure that gaming companies abide by the
law, the government must bolster regulatory enforcement. This entails hiring more
inspectors and stiffening the sanctions for infractions.
 Encourage responsible gaming- In order to lower the possibility of harm from
gambling, the government should encourage responsible gaming. Deposit limitations,
gaming support programmes, and public education efforts can all help achieve this.112

Conclusion
The Indian gaming market has the potential to significantly boost the nation's
economy. To reduce the possibility of harm from gaming, it is crucial to make sure
the sector is well controlled.
The gaming market in India is dynamic and multifaceted. Numerous legal and

112
Daniel O'Boyle, India creates rules for online gambling, January 2023, Available at:
https://igamingbusiness.com/legal-compliance/india-creates-rules-for-online-gambling/

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regulatory obstacles must be overcome. Nonetheless, the government is acting to
resolve these issues. It's critical to provide a thorough and transparent regulatory
framework for the sector, bolster regulatory supervision, and encourage responsible
gaming.

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