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Gambling, IPL and Dream 11

Gambling is one of the most prevalent illegal activities performed in India. The Public Gambling Act of 1867 prohibits gambling activities in India. But the question arises that why online applications such as Dream 11, Poker and others are not penalized under this act. So, let’s find out what The Public Gambling Act of 1867 is and what are its implications. 

The Public Gambling Act, 1867

The Public Gambling Act was enacted in 1867 under the British Rule in India. This act provides punishment for public gambling and the keeping (maintaining) of common gaming houses in the country. Though, some states are exempted from this act and are allowed to open casinos, such as Goa.
As the act was issued in the British Raj period, it defines most of the states as provinces. Also, the act was not amended since then, making it difficult to keep charge on the gambling activities in India.

Definitions under the Act

The important definitions and interpretations under the act have been stated below:

Common gaming-house: It refers to any house, enclosed space or room where gaming instruments such as cards, discs, tables or any other instrument related to gaming have been found or are being used for the profitgain of the person owning or occupying the premises.

Witness Indemnified: It refers to a person who will be examined as a witness before a magistrate, for the trial of any person for violation of any provision related to gaming of the act.

Penalties under the Act

Penalties for various illegal activities related to gambling have been stated below:

Penalty for owning or keeping a gaming-house: Anyone being an owner or occupier and management of the gaming-house shall be penalized according to The Indian Penal Code with punishment not exceeding three months and fine.

Penalty for being found in gaming-house: Any person who is found in a gaming house (as specified under the act), along with instruments of gaming, shall be punished according to the Indian Penal Code. The person can be imprisoned for a period not exceeding one month along with the applicable fine.

Penalty on person/s arrested for giving false details such as name and address: If a person is found giving false name or address during any stage of the investigation s/he will be liable to pay a fine. If the person fails to pay the fine in his/her first instance, then s/he may be imprisoned for a period not less than one month.

Online Betting in India 

It is legally illegal, but you can still place your bets online in India. As we read earlier, the Public Gambling Act of 1867 only prohibits gambling in gaming houses. The act specifically describes the places where you cannot practice gambling. In India, there is no law that makes online betting an illegal activity, as the Public Gambling Act does not consider the online aspect of betting.

In India, no company can practice online betting, but this is not applicable on foreign companies. This means that betting companies outside India can ask Indians to place bet on pretty much everything. This acts as a loophole of which foreign companies take advantage of. Also, some Indian websites have collaborated with foreign companies making it possible for Indians to place online bets.

According to the Public Gambling Act of 1867, all kind of gambling in India are illegal. But foreign businesses found a loophole in the Indian legal system and made online gambling legal in India. By expanding and extracting the valuable resources from India, the loophole proved to be very beneficial for these foreign companies.

Various websites for online betting in India

There are various websites which assist online betting in India. Some of them are as follows:

William Hill 
Bet 365
Ladbrokers
Betfair

These major websites also inform the customers about possible legal hassles and how to avoid them. 

What is this major loophole?

The major loophole about which we are discussing incessantly in our post is as follows: