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RESEARCH WORK IN GAMBLING MATTERS, Assignments of Law

NMIMS UniversityLaw

JUSTJUST WRITE WHAT MEKS YOU FEEL HAPPY

Typology: Assignments

2019/2020

Uploaded on 11/20/2020

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GAMBLING LAWS IN MAHARASHTRA
The state’s gambling activities are governed by the Maharashtra Prevention of Gambling
Act 1887. But like its central counterpart – the Public Gambling Act of 1867 – this law too is
considered outdated by many, and unfit for use.
According to section 3 of the Maharashtra Prevention of Gambling Act 1887, the provision
does not include a horse race or dog race in the definition of the “Gaming” and lottery too. The
collection or soliciting of bets, receipt or distribution of winnings or prizes in money or
otherwise in respect of wagering or betting or any act which is intended to aid or facilitate
wagering or betting or such collection, soliciting, receipt or distribution shall be deemed to be
“Gaming.”
According to section 4 of the act, if anyone open, keeps or uses any house, room or place for
the purpose of a common housing game shall be liable for imprisonment upto 2 years and may
also be punished with fine. Further it is also provided that:
• if the person conducts the offence for the first time then such imprisonment shall not
be less than 3 months and fine shall not be less than Rs.500.
• for a second offence such imprisonment shall not be less than 6 months and fine shall
not be less than Rs.1000.
• for a third or subsequent offence such imprisonment shall not be less than 1 year and
fine shall not be less than Rs.2000.
According to section 5 of the act, if anyone found in any common gaming-house gaming or
present for the purpose of gaming shall be liable for imprisonment upto 6 months and may also
be punished with fine. Further it is provided that:
• for a first offence such imprisonment shall not be less than 1 month and fine shall not
be less than Rs.200;
• for a second offence such imprisonment shall not be less than 3 months and fine shall
not be less than Rs.200; and
• for a third or subsequent offence such imprisonment shall not be less than 6 months and
fine shall not be less than Rs.200.
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GAMBLING LAWS IN MAHARASHTRA

The state’s gambling activities are governed by the Maharashtra Prevention of Gambling Act 1887. But like its central counterpart – the Public Gambling Act of 1867 – this law too is considered outdated by many, and unfit for use. According to section 3 of the Maharashtra Prevention of Gambling Act 1887, the provision does not include a horse race or dog race in the definition of the “Gaming” and lottery too. The collection or soliciting of bets, receipt or distribution of winnings or prizes in money or otherwise in respect of wagering or betting or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution shall be deemed to be “Gaming.” According to section 4 of the act, if anyone open, keeps or uses any house, room or place for the purpose of a common housing game shall be liable for imprisonment upto 2 years and may also be punished with fine. Further it is also provided that:

• if the person conducts the offence for the first time then such imprisonment shall not

be less than 3 months and fine shall not be less than Rs.500.

• for a second offence such imprisonment shall not be less than 6 months and fine shall

not be less than Rs. 10 00.

• for a third or subsequent offence such imprisonment shall not be less than 1 year and

fine shall not be less than Rs. 20 00. According to section 5 of the act, if anyone found in any common gaming-house gaming or present for the purpose of gaming shall be liable for imprisonment upto 6 months and may also be punished with fine. Further it is provided that:

  • for a first offence such imprisonment shall not be less than 1 month and fine shall not be less than Rs.200;
  • for a second offence such imprisonment shall not be less than 3 months and fine shall not be less than Rs.200; and
  • for a third or subsequent offence such imprisonment shall not be less than 6 months and fine shall not be less than Rs.200.

Also, in section 9 it has been provided that if a person is convicting under sections 4 and 5, it is not necessary to prove that a person who found gaming was playing for any money, wager or stake. According to section 6 of the act, the authority which has power to enter or search the parts of the house, room or place which has been suspected for gaming activity can be done by the Police Officers. Judgments on FANTASY SPORTS The Supreme Court, in the cases of Andhra Pradesh v. K. Satyanarayana^1 and Dr. K.R. Lakshmanan v. State of Tamil Nadu^2 , interpreted the phrase ‘ game of mere skill ’ to mean “ preponderantly a game of skill ”. The High Courts of Punjab & Haryana, Bombay and Rajasthan applied the tests laid down by the Supreme Court in the cases of Satyanarayana and Lakshmanan and declared fantasy sports to be games of ‘mere skill’ that do not amount to gambling. In the case of Varun Gumber v. U.T., Chandigarh^3 , found that playing of fantasy sports games involves exercise of considerable skill, judgment and discretion because the participant has to assess the relative worth of each athlete based on their strengths and weaknesses at the time of drafting players. It is this assessment which finally determines the success or failure of fantasy sports games. Hence, the element of skill predominantly affects the outcome of matches. A challenge filed against the said order was dismissed by the Supreme Court on September 15,

The High Court of Bombay , in the case of Gurdeep Singh Sachar v. Union of India^4 , s aw no reason to take a view different from that taken by the High Court of Punjab and Haryana in the Varun Gumber case. The Court also observed that, unlike betting, winning or losing in fantasy sports was not dependent on any team winning or losing in the real world. The High Court of Rajasthan, in the case of Chandresh Sankhla v. State of Rajasthan^5 , relied on the decisions of the High Court of Punjab & Haryana and Bombay, as well as, the dismissal of challenges against these decisions by the Supreme Court, to hold that the issue of the (^1) State of Andhra Pradesh v. K Satyanarayana, AIR 1968 SC 825. (^2) Dr. K.R. Lakshmanan v. State of Tamil Nadu (1996) 2 SCC 226. (^3) Varun Gumber v. U.T., Chandigarh, 2017 Cri LJ 3827. (^4) Gurdeep Singh Sachar v. Union of India, ( 2019 ) 75 GST 258 (Bombay). (^5) Chandresh Sankhla v. State of Rajasthan, 202 0 SCC Online Raj 264.