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Report No. 276

Legal Framework: Gambling and Sports Betting Including in Cricket in India

Table of Contents
Chapter I Background
A. Mudgal Committee
B. Lodha Committee
C. Reference to the Commission
Chapter II History of Betting and Gambling
A. Betting and Gambling in Ancient India
B. In ancient Europe
Chapter III Distinction between Wagering, Gambling and Betting
A. Gambling and Betting- a Game of Chance or Skill?
B. Examining Foreign decisions
Chapter IV Constitution of India and Betting
A. Morality and Betting
B. Legal perspective of Gambling and Betting
1. Doctrine of res extra commercium
2. Immorality or opposed to public policy
(i) What is public policy?
3. Wagering Agreements
Chapter V Statutory Provisions
A. Central Laws
1. The Lotteries (Regulation) Act, 1998
2. Indian Penal Code, 1860
3. The Indian Contract Act, 1872
4. Prize Competitions Act, 1955
5. Foreign Exchange Management Act, 1999
6. Payment and Settlement Systems Act, 2007
7. The Prevention of Money Laundering Act, 2002
8. The Young Person's Act, 1956
9. The Indecent Representation of Women Act, 1986
10. The Information Technology Act, 2000 (IT Act)
11. Information Technology Rules, 2011
12. Telecom Commercial Communications Customer Preference Regulations, 2010
13. The Cable Television Network Rules, 1994
14. Income Tax Act, 1961
15. The Consumer Protection Act, 1986
16. Central Goods and Services Tax Act, 2017
B. The Public Gambling Act, 1867: Whether a Central Enactment
C. State Laws (a) Maharashtra and Gujarat
(b) Meghalaya
(c) Rajasthan
(d) Goa, Daman and Diu
(e) Tamil Nadu
(f) Sikkim
(a) Games of Chance
(b) Online Gaming
(g) Nagaland
(h) Telangana
(i) Other State Acts on Gambling
D. Act Pending Notification
E. Bill pending before the Lok Sabha
F. Draft Bill
Chapter VI International Perspective
A. Gambling & Betting In Different Jurisdictions
1. United Kingdom
2. South Africa
3. United States of America
4. Australia
5. France
6. Austria
7. Russia
8. Malaysia
9. Spain
10. Switzerland
11. The European Gaming and Betting Association (EGBA)
Chapter VII Public/ Government Responses
Chapter VIII Need for Regulation
A. Consequences that ensue due to unregulated gambling and betting
B. Illegal Commerce
C. Advantages of a regulated gambling and betting industry
D. Autonomous regulation of gambling and betting industry
E. Suggestions by FICCI
Chapter IX Conclusions and Recommendations
Annexure I Responses from Stakeholders
Government Organisations
Gaming Related Organisations and Federations
General Public
Government Organizations
General Public (Individuals)
Gaming Related Federations and Organizations
Annexure II Separate Opinion of Prof.(Dr.) S. Sivakumar, Member
List of Cases
Gambling and Sports Betting Including in Cricket in India

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