INDIAN GAMING STATESIDE
Parents have moral authority to limit children’s exposure to online gambling: Madras HC
“Parents have the moral responsibility to ensure children don’t access online gambling,” commented the Madurai bench of the Madras High Court in late November. The division bench of the High Court comprising of Justices Mahadevan and Satya Narayan Prasad was hearing a public interest litigation pertaining to online gaming for stakes when it made these comments. The petitioner prayed that online games for
stakes and lottery are advertised to attract young children and as a result, people under the age of 18 are playing and often getting addicted to online gaming for stakes. The petitioner prayed for directions to make it
mandatory for online gamers to verify the age by uploading Aadhaar or PAN card to sign up on online gaming portals. The bench orally remarked that parents have
the moral responsibility to ensure the children are not exposed to online gaming for stakes. The bench ordered notices to be issued to Union Finance Secretary and Secretary in Ministry of
Information and Broadcasting. The case will be heard again after two weeks. Recently, the Public Gambling Act of 1867 which
governs online gaming for stakes has been deemed unfi t “to cover/defend/deal” with digital-based activities, and the accompanying evolving technologies by an Inter-Ministerial Task Force (IMTF) established to investigate new regulations for online gaming. States like Kerala and Tamil Nadu have issued
advisories to parents to limit children’s exposure to online gaming. While Tamil Nadu assembly recently passed a law to ban online gaming for stakes like rummy and poker. This bill is awaiting the assent of the governor. Governor RN Ravi wrote to the state government last week seeking certain clarifi cations on the Online Gaming Bill which was passed in the recently concluded assembly session. The Governor raised queries on doctrine of proportionality since the Madras High Court had struck down a similar law unconstitutional. According to reports, the industry has sought a
Owner also liable for punishment for illegal gambling activities: Karnataka High Court
According to a recent ruling by the Karnataka High Court, in addition to the individual who is actually caught conducting matka and gambling operations, the “owner” is also punishable under section 78(3) of the Karnataka Police Act. Justice K Natarajan refused to end the
proceedings of the case against Ramanji, who was operating matka. The judge further stated that the absence of independent witnesses from the police chargesheet was not suffi cient to halt criminal proceedings. Ramanji contested the FIR and chargesheet,
arguing that because he was not present at the scene, he was not liable for prosecution under Section 78(3). He added that the police could not have fi led
a chargesheet without issuing a formal inquiry notice in accordance with section 41 of the Code of Criminal Procedure. He asserted that the “inadmissible” voluntary statement of Narasimha was the basis for the chargesheet being submitted.
Justice K Natarajan pointed out that under
section 78(1) as well as section 78(1)(b), the owner, occupier and other person is also liable for punishment. Ramanji argued that he was not present but the judge said that the co-accused, Narasimha, told that he was giving money to Ramanji. Justice Natarajan said, “Of course, it may be
based on the voluntary statement. But is the statement admissible or not admissible when appreciation of evidence is considered during the trial. It cannot be a ground for quashing the charge sheet.” Ramanji was arrested during a raid on 27
September 2021. Pavagada police booked him from Shanthinagar area of Pavagada town in Tumakuru. Narasimha, a co-accused, was also caught playing matka and was assuring people a profi t of Rs 70 by investing Re 1. The police received confi rmation from the
magistrate as it was a non-cognizable offence. After an extensive six-day investigation, the police fi led a chargesheet against Ramanji.
Founded by industry veterans, G2G News is an independent news portal covering all
developments relating to online gaming, poker, gambling, casino, cricket betting and
esports in India and the Indian subcontinent.
www.g2g.news DECEMBER 2022 23 Dharshani/Adobe Stock
light-touch self-regulatory mechanism to regulate online gaming platforms under the aegis of a central government ministry. The mobile gaming market in India is
projected to hit a $5 billion opportunity by 2025 from the current $1.5 billion, according to a recent Sequoia India and Boston Consulting Group report.
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