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Gambling in India
Gambling in India
REGULATION AND
CHANGES IN 2023
MANIMAMA
MANIMAMA
The legal and consulting firm serving for the sake of innovative, IT and high-risk
business
Publicado em 20 de jul. de 2023
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Gambling in India enjoys considerable popularity in both physical and
online formats. This exciting activity not only attracts a lot of
participants but has also played an important role in boosting the
economic growth of the country. Gambling operators not only provide
an opportunity for people to have fun but also play a major role in job
creation.
Gambling also has a positive impact on the tourism industry in India.
This activity is a powerful magnet for foreign tourists which attracts
them to India.
OVERVIEW OF THE REGULATORY FRAMEWORK FOR GAMBLING
IN INDIA
India is one of the countries where gambling is stipulated in its
Constitution as a legal activity. According to clause 34 of the Seventh
Schedule of Schedule II (List of States) of the Constitution of
India, 1950, separate states have the power to enact laws relating to
gambling and betting. However, when India was a British colony (i.e.
before independence in 1947), there were no such provisions like the
one mentioned above. At that time, the main gambling and betting
regulation in the country was the Public Gambling Act,
1867 ("PGA"). Remarkably, the PGA does not define the term
"gambling." Generally speaking, it provides for the punishment of
organizing public gambling and maintaining common gambling
houses in the United Provinces, East Punjab, Delhi and Central
Provinces.
Clause 12 of the PGA states that it shall not be held to apply to any
game of mere skill wherever played. So it follows that Indian law
distinguishes two broad categories of games:
Any other online games that are not online real money
games (such games may be blocked in India).
an educationist;
the clear and relevant criteria, consistent with the ITR, for the