
HC calls for new law to regulate online betting
Prayagraj: While noting that existing Public Gambling Act 1867 is a colonial-era law that addresses only conventional forms of gambling like card games, the Allahabad High Court has directed the UP govt to constitute a high-powered committee to examine the need to have a law for the regulation and monitoring of on-line gaming and betting.
Justice Vinod Diwakar said the panel shall be headed by Prof KV Raju, the economic advisor to the Uttar Pradesh govt and may include the principal secretary, state tax, as member secretary, besides other experts as members. The curt said a law must be enacted to meet the transformative changes in online betting and gaming and took suo motu cognizance of this issue. "Their (committee) collective input should be used to develop a comprehensive and well-structured legislative framework for regulating and monitoring online gaming and public betting," it ordered.
The court passed the order while dealing with the petition moved by two persons – Imran Khan and another, who were accused in a case under the Public Gambling Act for quashing of the charges and trial proceedings against them. As per the police, the accused were running an online betting racket from their residence and earning crores of rupees, leading the locals in Agra to gamble away their earnings.
While dealing with the case, the court noted that the Public Gambling Act 1867 is a colonial-era law meant to address conventional gambling like card games, betting on dice and similar forms held in physical gambling. "The Public Gambling Act is a pre-digital law. It makes no mention of digital platforms, servers, or cross-border transactions. Its enforcement is limited to physical gambling houses and has no jurisdiction over virtual gambling environments accessed via mobile phones, computers, or offshore servers," it added.
Accordingly, the court in its decision dated May 12 quashed the proceedings against the accused. However, the police were granted the liberty to initiate a fresh investigation after complying with the law.
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