Online Gambling: Comparative Analysis Between Games Of Skill And Games Of Chance
ONLINE GAMBLING & Comparative analysis between games of skill and games of chance
Gambling includes any activity or undertaking whose determination is controlled or influenced by chance or accident and it is entered into or undertaken with consciousness of the risk of winning or losing. So, Online Gambling is basically Gambling over the Internet. Neither the Indian Government has implemented any specific law to deal with the issue of Internet Gambling nor there are laws that bar internet gambling specifically.
Locating and Tracking activities like Online Gambling is strenuous and it even raises difficulty when there is matter in regard to exercise of jurisdiction. Most of the sites used for betting and gambling are outside the jurisdiction …show more content…
In State of Bombay v. R. M. D. Chamarbaugwalal , the Supreme Court of India held that competitions (games) where success depends on a substantial degree of skill will not fall into category of ‘gambling’ (i.e. gaming as defined under state enactments); and despite there being an element of chance, if a game is predominantly a game of skill, it would nevertheless be a game of “mere skill”.
Further State of Andhra Pradesh v. K. Satyanarayana & Ors ; The game of Rummy was held to be a game involving preponderance of skill rather than chance based on the fact that Rummy required certain amount of skill as the fall of the cards needs to be memorized and the building up of Rummy requires considerable skill in holding and discarding cards. It is mainly and preponderantly a game of …show more content…
The Central Legislation governing Gambling is Public Gambling Act, 1867. It is an ancient Act that was enacted by the Britishers and it only regulates physical gambling as Internet was unknown to the civilization. After Constitution came into force in 1950, “Betting and Gambling” became part of the State List under Entry No.34 of Seventh Schedule. Now States were empowered to enact laws either prohibiting or promoting gambling in their respective states. The States which have no laws so far are still governed by the Public gambling Act. There are many State Acts like Assam Gaming and Betting Act, 1970; Bombay Prevention of Gambling Act, 1887; Goa, Daman and Diu Public Gambling Act, 1976 and many more but all deal with physical gambling. No reference of either legality or illegality of Online Gambling is
Gambling includes any activity or undertaking whose determination is controlled or influenced by chance or accident and it is entered into or undertaken with consciousness of the risk of winning or losing. So, Online Gambling is basically Gambling over the Internet. Neither the Indian Government has implemented any specific law to deal with the issue of Internet Gambling nor there are laws that bar internet gambling specifically.
Locating and Tracking activities like Online Gambling is strenuous and it even raises difficulty when there is matter in regard to exercise of jurisdiction. Most of the sites used for betting and gambling are outside the jurisdiction …show more content…
In State of Bombay v. R. M. D. Chamarbaugwalal , the Supreme Court of India held that competitions (games) where success depends on a substantial degree of skill will not fall into category of ‘gambling’ (i.e. gaming as defined under state enactments); and despite there being an element of chance, if a game is predominantly a game of skill, it would nevertheless be a game of “mere skill”.
Further State of Andhra Pradesh v. K. Satyanarayana & Ors ; The game of Rummy was held to be a game involving preponderance of skill rather than chance based on the fact that Rummy required certain amount of skill as the fall of the cards needs to be memorized and the building up of Rummy requires considerable skill in holding and discarding cards. It is mainly and preponderantly a game of …show more content…
The Central Legislation governing Gambling is Public Gambling Act, 1867. It is an ancient Act that was enacted by the Britishers and it only regulates physical gambling as Internet was unknown to the civilization. After Constitution came into force in 1950, “Betting and Gambling” became part of the State List under Entry No.34 of Seventh Schedule. Now States were empowered to enact laws either prohibiting or promoting gambling in their respective states. The States which have no laws so far are still governed by the Public gambling Act. There are many State Acts like Assam Gaming and Betting Act, 1970; Bombay Prevention of Gambling Act, 1887; Goa, Daman and Diu Public Gambling Act, 1976 and many more but all deal with physical gambling. No reference of either legality or illegality of Online Gambling is