Parliament may also enact laws under Article 249 (in national interest) or Article 252 (if two or more states consent). To bring in uniformity, the Law Commission in 2018 recommended that Parliament may enact a model law to regulate betting and gambling, which states may adopt. Currently, the laws differ from state to state with many states relying on the concept of ‘purposive interpretation’ of PGA and similar laws to apply the same to online games. Certain states like Andhra Pradesh, Telangana and Tamil Nadu have amended the laws in recent times to remove the game of skill exception and also impose specific prohibition online games played for stakes. Specific laws on online gambling in IndiaĪs these laws were enacted prior to advent of internet, they don’t specifically deal with online games. By virtue legal precedents, it is laid down that a game of mere skill is one in which success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player although the element of chance cannot be entirely eliminated. A common thread across these legislations is that while they prohibit betting and gambling, they specifically exempt games of mere skill from the ambit.īut none of these decades old laws define ‘mere skill’.
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