• Why online betting is not included in 1867 act or why 1867 act is not revised

Lot of youngsters committing suicide due to financial debits,because these people addicted to online betting sites or gambling.If we play rummy offline it's illegal if we do betting on cricket team offline it's illegal but same thing if we play in mobile no one asking any question.If china apps are banned in india why can't we banned online betting sites which saves our future generations.So i want to raise a complaint in court that 1867 act should revised and online betting site should also included in that act.punishment should be severe still if anyone plays online gambling in india.So please help me how to approach to court.
Disadvantages: youth will become college dropouts because of easy money,
Due to easy money addiction will increase
If he doesnt have any money than he will start doing kidnapping or robbery and he will use this money in betting site
Still he doesnt found any money than he will commit suicide
Asked 4 years ago in Criminal Law
Religion: Hindu

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22 Answers

Betting or gambling is illegal in most of India. But there is no law that makes online betting an illegal activity.The Indian Premier League (IPL) tops their lists now and some websites have even hooked up with offshore betting agencies, thereby allowing Indians to place online bets.

File writ in High court for directions to amend betting law and included online betting an offence.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

1. See firstly you should write to law ministry and other concerned ministries for framing of appropriate rules for online gambling if they fail to respond file a PIL before the high court seeking direction for government to regulate and ban this sites.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

betting or gambling is illegal in india .According to the Public Gambling Act (1867), all kinds of gambling in India are illegal. but there is no law that makes online betting illegal .

 

 

 

 

 

2) delhi high court has held online gaming portals are essentially a substitute for traditional casinos, since websites operate a common gaming room where members interact and place bets. It also noted that the degree of chance increases in case of online games and the degree of skill used in these games is questionable.

 

 

Further, the court also noted that there are several service providers who are offering such online skill-based games for free, but when service providers take commission on the prize winnings, it becomes similar to virtual casinos or game houses which are illegal in the states where gambling is prohibited. Therefore, the court ruled that such online business activities would not be protected under Article 19(1)(g) of the Constitution of India.

Ajay Sethi
Advocate, Mumbai
96774 Answers
7806 Consultations

It's not illegal now as it's not considered as betting but gaming and skill aspect. Yes you can file a PIL fir the same

Prashant Nayak
Advocate, Mumbai
32375 Answers
199 Consultations

Please approach MEMBERS OF LEGISLATIVE ASSEMBLY and MEMBERS OF PARLIAMENT of your constituency for the wish which you have disclosed to get it done from Court of Law.

Amendment in law,introduction of New Law repealing of law is the forefront assignment of of legislature which you cannot expect from Judicial officers to to carry out it.

Supreme Court of India can declare any law as illegal and unethical which ultravires the provisions of constitution of India 1949.

The work of carrying amendment or introduction of new law is the natural assignment of Parliament and Legislative Assembly as per the Constitution. 

Therefore you are required to approach your MLA and M P whom you have voted to power to carry out the Nobel wish you wants to introduce to this world.

Please do as suggested above.You would succeed. We may also get some relief from the amendment as you have sought in the present post. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Sites like dream and other legitimate sites are authorised and payments are received after deduction of tds. You need to take above action for challenging it if required

Prashant Nayak
Advocate, Mumbai
32375 Answers
199 Consultations

far as the games of Rummy, Bridge, Golf and Chess are concerned, these are games of Skill declared to be legal as already observed by the Hon'ble Supreme Court of India in the matter of Dr. K.R. Lakshmanan V. State of Tamilnadu reported in AIR 1996 SC 1153. Further the Apex Court had also opined that games of skill, even if played for stakes, do not amount to gambling and are hence are legal. In the matter of RMD Chamarbaughwala V. UOI reported in AIR 1957 SC Suit No. 32/12 7 of 27...

628, the Apex Court held that competitions in games involving Skill are business activities and are protected under Article 19(1)

Ajay Sethi
Advocate, Mumbai
96774 Answers
7806 Consultations

- Yes, you can raise this issue for making laws against such type of mobile and online games after filing a PIL before the court of law. i.e. 

  1. Under Article 32 of the Indian Constitution – In the Supreme Court of India
  2. Under Article 226 of the Indian Constitution – In the High Court

Mohammed Shahzad
Advocate, Delhi
14419 Answers
221 Consultations

See your concern is real, skill games and online betting is two different things you may file appropriate representation and writ to address your grievance. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

1) unlike in the US where there is the American Internet Gambling Prohibition Act, no specific laws exist in the Indian system that bar online gambling,”

 

2)It also becomes difficult to catch internet gambling offenders if the websites are hosted by servers located in countries where betting is legal. “Enforcing the act becomes difficult if the servers are located offshore

 

3)if an Indian resident decides to place bets on a website hosted outside the country, it would be difficult to hold him guilty of online gambling if the laws of the country where the website is hosted, permits online gambling,”

 

4) there is petition pending in Delhi HC to ban online gambling wherein RBI and govt has been made parties 

Ajay Sethi
Advocate, Mumbai
96774 Answers
7806 Consultations

If you want to challenge the entire sector of online gaming you need to include enforcement directorate, economic offences wing and other agenciesfor the same

Prashant Nayak
Advocate, Mumbai
32375 Answers
199 Consultations

You may file your complaint to Directorate of Revenue and Intelligence and Enforcement Directorate under Prevention of  Money Laundering Act .

Both agencies are specialized wing of investigation departments of black money which are being used  by anyone in India. 

Your complaint may be lodged online through their official website. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hello, 

If you think that the said sites are in violation of the law of the land then you may go ahead and file a petition in the HC in the nature of PIl and may challenge the validity of the entire act and may ask the court to pass appropriate directions. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Yes, according to the recent judgment it has been considered as a game of skill. However, you can file a PIL and can raise your questions before the Hon'ble SC .

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

1. See betting sites and skill based games site are two different things you should not get confused in same like poker rummy or dream 11 type sites are skill based sites though the others wherein bets are placed on some sport or event are not under preview of this skill based system.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

File a PIL for the proposed changes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can File Public interest litigation before HC or SC. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

If you want to change the government policy or challenge the same, then you may file a PIL against the government in the appropriate high court or supreme court.

You may discuss with an advocate in the local and proceed as per your desire. 

T Kalaiselvan
Advocate, Vellore
86975 Answers
2334 Consultations

You are getting confused over mixing up legal things with the illegal activities of the people.

Some people out of greediness indulge into illegal activities.

Their greediness knew no bounds hence they land up in trouble and problems by not able to come out of this trap 

Hence blaming on government policy is a waste exercise when you do not have control over the irresponsible and greedy people who for the sake of money may go to any extent.

 

T Kalaiselvan
Advocate, Vellore
86975 Answers
2334 Consultations

If a person is indulging in all types of illegal activities, you support their activities?, what is that you want to say by posting such absurd queries.

You cannot control the vagabonds or antisocial elements but want to blame government and its policies?

Can you stop someone from indulging in this type of illegal activities for the sake of earning quick money?

 

 

T Kalaiselvan
Advocate, Vellore
86975 Answers
2334 Consultations

- Online betting sites or gambling , like game which influence the mind & career of youth are illegal , and if you want to remove the same from the society , then approach the court through PIL  as i mentioned above. 

  • Part III of the Constitution of India guarantees right to quality, life, and personality, and PIL ensures right to life and personality.

  • PIL practice functions as an effective instrument for changing society and ensuring welfare.

  • Anyone can seek remedy on behalf of the under-privileged class by introducing with the help of the public interest litigation.

  • Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. 

  • Public interest litigation is most commonly used to challenge the decisions of public authorities by judicial review.  Judicial review is concerned with whether the law has been correctly applied, and the right procedures have been followed. 

  • PIL is an important instrument of social change and for maintaining the Rule of law and accelerating the balance between law and justice.

  • PIL provides a voice to the voiceless and vulnerable by highlighting an important issue.

- Further , any Indian citizen/ individual or a group of people/a foreigner, facing an issue can file the Public Interest Litigation

Mohammed Shahzad
Advocate, Delhi
14419 Answers
221 Consultations

You can file a public interest litigation in supreme court for banning online lotteries and games on ground that it is putting our younger generation into debts and other pressures. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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