Report No. 276
Legal Framework: Gambling and Sports Betting Including in Cricket in India
| Contents |
|
Table of Contents |
| Chapter I |
Background |
|
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 |
|
Advocates |
|
Students |
|
Gaming Related Organisations and Federations |
|
General Public |
|
Advocates |
|
Students |
|
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 |
