According to the courts, gambling is the charge of the value for the chance for winning the prizes. The governing element of the gambling is the chance or skill to know the type of game. The game can be taken as gambling when the luck factor dominates the result of the game. Eventually, according to the Indian courts, horse racing bets and some card games cannot be considered as gambling. The constitution of India doesn’t allow gambling business as well as lotteries the fundamental right. Nevertheless, state government do run few lotteries and make out some contributions for state exchequer of states.
There are some of the legislations related to gambling as follows:
The Public Gaming Act of 1867
In this Act, there are punishments related to public gambling as well as to keep any common gaming house. Further, this Act even regulates state governments to pass laws related to public gambling under the relevant jurisdictions. Nevertheless, the legislation also does not have any direct effect on the internet gambling unless there is any interpretation of the common gambling house in order to include the virtual forums too.
The Indian Contract Act of 1872 (ICA)
The ICA is statutory legislation that regulates all the commercial contracts of India. Under ICA, the wagering contract is unenforceable. According to the Act, the wagering agreements are void, further there shall be no suit on any wagering agreements that are made. Lottery, prize games and gambling are considered as the wagering contracts and are hence void as well as unenforceable. On the contrary, the wagering contracts cannot be regarded as illegal, however they are unenforceable in the courts of law. Therefore, the courts never agree to any activity that comes out from any wagering contract.
Lotteries (Regulation) Act of 1998
This Act contains the structure for the organization of lotteries in India. Here, the state governments have the power to encourage and forbid the lotteries in the territorial jurisdiction. This Act even explains the ways to conduct the lotteries and prescribe the punishments under …