GAMING ENLIGHTENMENT IN INDIA

 

INTRODUCTION

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India to a [SOVERIGN, SOCIALIST SECULAR DEMOCRATIC REPUBLIC][1]

India's ascent is mirrored by its march towards democratic nationhood. In the global gaming business, the main issue is the “Is India overlooks in gaming/gambling issue?” In the gaming industry, India is changing quickly, even though it has solidified its place as the largest democracy in the world. Because smartphones are so widely used and internet connectivity is so reasonably priced, mobile gaming has grown exponentially throughout the nation. Currently, India now accounts for the second-largest market in the online gaming industry, with 220 billion Indian gamers in 2023, and is likely to reach 338 million users in 2026.[2] In this case “K.R. LAKSHMANAN V. STATE OF TAMIL NADU”[3] clearly distinguishes a game of skills on the touchstone of predominance of chance over skills. Game-related law is not limited to game skill, financial losses; currently, the online gaming industry is regulated by numerous legislation that predominantly deal with other areas of laws—like acts that deal with intellectual property rights, taxation, advertising, or information technology.[4] In a Colonialism period the Public Gambling Act, 1867 enforced in British India. The Gambling problem did not happen in British India as well as after the British India. However, it was happened in the Mahabharata, one of India’s oldest mythological epics gambling six side dice was invented, Indians used the nuts of the Bibhitaki tree as dice.[5]

BRITISHER’S ERUDITION OF THE PUBLIC GAMBLING ACT, 1867 (“PGA”)

In the Colonial period, Public Gambling Act, of 1867 was enforced with the goal of outlawing both open gambling and the operating of gaming enterprises. Under this act, it was unlawful to manage or oversee a public gaming facility. The Act also prohibited entering these kinds of institutions, and individuals who did so ran the possibility of fines or imprisonment. Live gaming was the main focus at the time, as internet and digital gambling were nonexistent. The concept of "gambling" in the Act primarily referred to games of chance rather than skill. In the present day, the Ministry of Electronics and Information Technology (MeitY) has been instrumental in developing rules for responsible gaming and player protection. To set industry standards and guarantee adherence to moral and legal requirements, self-regulatory organizations like the All India Gaming Federation (AIGF) have also grown in number. These advancements represent a slow but noteworthy transition from the colonial-era PGA to a more sophisticated and modern regulatory framework that takes into account the dynamic character of the Indian gaming market. In the contemporary era 69% of the Gaming audience in India falls under the age of 34.[6]


[Image Sources: Shutterstock]

SORTS OF THE GAMBLING

One of the oldest and fastest-growing economic areas in India is the online gaming market, which has enormous potential to provide large profits. There are a few sorts of gambling such as Physical gambling & sports betting, Online gambling, Casinos, Lotteries, Daily fantasy sports, and Horse Racing.[7]

1) Physical gambling & sports betting

In India, several states adopted a Public Gambling Act, 1867 including Uttar Pradesh, Madhya Pradesh, and Delhi but other states in India have enacted their own legislation to regulate gaming/gambling activities within its territory Gambling Legislations. Some Gambling Legislation regulating physical gambling and sports betting are as follows: Assam Gaming and Betting Act, 1970 Bombay Prevention of Gambling Act, 1887 Goa, Daman and, Diu Public Gambling Act, 1976, Karnataka Police Act, 1963

2) Online Gambling

OnlineGambling also known as “Internet Gambling”, it related to betting on games or events via the Internet. It’s widely explored in a variety of games Online casinos, sports books, poker rooms, and bingo halls are just a few of the many activities that fall under the umbrella of online gambling platforms. Within a virtual environment, players can wager on sporting events, play poker tournaments, and play classic casino games like slots, blackjack, and roulette. The emergence of online gambling has also resulted in regulatory issues, as various countries find it difficult to put in place frameworks that effectively guarantee fair play, guard against fraud, and safeguard players who are more susceptible.

3) Casinos

A casino is a place where patrons can engage in amusement and have the chance to win cash or other prizes by playing a range of gambling games, however; The Indian casinos are governed by the Gambling Legislations. Goa, Daman & Diu, and Sikkim have gambling laws that permit limited gaming in five-star hotels with a license. The operations of casinos are tightly regulated to ensure fairness and to prevent criminal activities such as money laundering

4) Lotteries

In the Indian Penal Code (“IPC”) IN 294 A which is written as;

[294A. Keeping lottery office. —Whoever keeps any office or place for the purpose of drawing any lottery [not being [a State lottery] or a lottery authorised by the [State] Government], shall be punished punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.][8]

Lotteries are a type of gaming where a prize is awarded through the random drawing of numbers. Usually operated by the government, they bring in a sizable sum of money for social and public works initiatives. In the hopes of matching the numbers drawn in a scheduled lottery event, participants purchase tickets, each of which has a unique number or combination of numbers. Larger jackpots can build up over several drawings if no winner is selected, and the prizes can vary from cash to goods and services. A common category of lotteries is instant-win games, like scratch cards, which pay off instantly when hidden symbols or numbers are revealed.

5) Daily fantasy sports

Daily fantasy sport is a sometimes-confusing topic between the game of skill and a game of chance for example Dream 11. Different types of contests are available on Daily fantasy sports (DFS) platforms, ranging from head-to-head matches to big tournaments with substantial cash awards. The allure of Daily Fantasy Sports (DFS) is its capacity to deliver instantaneous results and to create a novel and captivating squad for every tournament. Expertise is essential since players need to evaluate player data, game circumstances, and other aspects in order to make wise choices.

6) Horse Racing

In this case, “K.R. LAKSHMANAN V. STATE OF TAMIL NADU”[9], the judgment of the court is betting on horse racing was a game of skill. The gambling on horse races is not limited to the racecourse; accessible and convenient off-track betting locations and online platforms are available. The dynamic convergence of sport, entertainment, and financial speculation in the world of horse racing gambling is highlighted by the industry's constant monitoring and regulation, which despite its allure aims to assure integrity and responsible gambling practices.

CONCLUSION

In summary, there have been substantial legal, technological, and cultural changes that have resulted in a revolutionary period for the gaming industry in India. India's gaming culture represents a careful balancing act between tradition and innovation, from its historical roots under colonial-era laws like the Public Gambling Act of 1867 to the modern complexity of online gaming and esports. Comprehensive regulatory frameworks that place a high priority on player protection and industry sustainability are becoming increasingly necessary as the business grows as a result of technological improvements and shifting consumer behaviors. Proposals such as state-level gaming laws and self-regulatory organizations’ initiatives demonstrate the growing awareness of the advantages and disadvantages of gambling.

Author: Vinay Nagpure, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

[1] The Constitution of India

[2] Alaukik Shrivastava and Kashish Siddiqui Khan, “ONLINE GAMING LAWS IN INDIA: AN ANALYSIS OF THE LEGISLATIVE INTENT VIS-À-VIS THE FUTURE ROADMAP” p. 1

[3] K.R. LAKSHMANAN V. STATE OF TAMIL NADU AIR 1996 SC 1153

[4] Ibid (3)

[5] Nishith Desai Associated, “THE CURIOUS CASE OF THE INDIAN GAMING LAWS”, Legal Issues Demystified, October 2019, p.1

[6] https://aigf.in/game/69-of-the-gaming-audience-in-india-falls-under-the-age-of-34-eys-shubh-mittal/

[7] Nishith Desai Associated, “THE CURIOUS CASE OF THE INDIAN GAMING LAWS”, Legal Issues Demystified, October 2019, pp. 3-5

[8] Indian Penal Code, 1860

[9] K.R. LAKSHMANAN V. STATE OF TAMIL NADU AIR 1996 SC 1153

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