Online Gambling

Internet Casinos Inc. (ICI), the world’s first online casino, started operating from August 18, 1995, with 18 different games. Since then more than 1,400 websites, mostly domiciled in small Caribbean islands, have given rise to an industry that grosses over $3 billion a year. In fact no business on the Internet earns more revenue than online gambling. Out of the estimated 14.5 million online gamblers, almost 30 per cent are from Asia.

A bet can be placed in minutes. Anyone with a credit card can set up an offshore currency account with a gambling site, leaving them free to place bets on sporting events like Wimbledon, cricket, horse racing and Formula One, or join a virtual casino to play slot machines, roulette, blackjack, poker etc. Companies like Flutter and Betmart accept bets on anything from who is going to win the Nobel Prize to whether Madonna is getting a divorce or not. Bets can range from a nickel to thousands of dollars and according to whether you win or lose the amount is automatically adjusted to your account. The final balance can then either be mailed to you or left for future bets.

The law relating to online gambling in India needs to be understood within the country’s socio-cultural context. At the outset, gambling, although not absolutely prohibited in India, does not receive express encouragement by policy makers. The Indian organized gambling industry is estimated to be worth around US$8 billion. While stringent laws have checked the proliferation of casinos and high street gaming centres as in many other countries, barring the state of Goa, the lottery business remains the most post popular form of gambling.

Though gambling is not illegal, it is a highly controlled and regulated activity. Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal as well as the state levels. Gambling features in List II of the Constitution of India, this implies that the state governments have the authority to enact laws in order to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling in addition to the laws that have an application across the country. While some states have banned lotteries, other states allow state government lotteries marketed and distributed in other lottery playing and promoting states through private entities.

Regulation of gambling

The courts have defined gambling as ‘the payment of a price for a chance to win a prize’. The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling. The right to undertake the business of gambling and lotteries is not considered as a fundamental right protected by the Constitution of India. It may however be pointed out that the state government run lotteries make significant contributions to the state exchequer of several state governments and the Union government, and hence there is a resistance to complete prohibition.

The following legislation is pertinent to gambling:

The Public Gaming Act, 1867

This Act provides punishment for public gambling and for keeping of a ‘common gaming house’. This Act also authorises the state governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in respective states have been amended in accordance with their policy on gambling. However, this legislation does not have any direct impact on online gambling unless a wide interpretation is given to the definition of common gaming house so as to include virtual forums as well.

The Indian Contract Act, 1872 (ICA)

The ICA is a codified umbrella legislation that governs all commercial contracts in India. Under the ICA, a wagering contract is the one which cannot be enforced. The Act lays down; ‘Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made’. Gambling, lottery and prize games have held to be wagering contracts and thus void and unenforceable. While a wagering contract is not illegal, it cannot be enforced in a court of law. Thus, the courts will not entertain any cause of action that arises out of a wagering contract.

Lotteries (Regulation) Act, 1998

This Act provides a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to promote as well as prohibit lotteries within their territorial jurisdiction. This Act also provides for the manner in which the lotteries are to be conducted and prescribes punishment in case of breach of its provision. Lotteries not authorized by the state have been made an offence under the Indian Penal Code. Several non-lottery playing states, like Gujarat and Uttar Pradesh, have prohibited the sale of other state-government lotteries under this Act.

Indian Penal Code, 1860

Section 294A deals with keeping lottery office. It says that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

Internet gambling

The law related to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts and it is not possible to enforce such contracts under the ICA, detailed above.

As pointed out earlier, the online lottery is the most popular form of internet gambling in India. Most companies marketing and distributing or conducting state government-sponsored lotteries through the internet are not allowed to sell their services in the states that banned lotteries. In most cases, these marketers and distributors limit their online services to consumers who are residents of the states where a lottery is permissible. Notwithstanding the fact there has been no reported case of breach by any company promoting online lotteries, most of these companies (as a safeguard) seek an undertaking from their consumers relating to their residence.

There have been instances where one state has banned the lottery of other states, including online lotteries. In a recent case, the Karnatka High Court upheld the decision of the Karnataka government to make itself a ‘lottery free zone’ by imposing a ban on lotteries of all other states, including online lotteries under the Lotteries (Regulation) Act 1998. The state government, in this case, directed the closure of the terminals and kiosks selling the online lotteries.

Enforcement over foreign jurisdictions

If the websites are hosted and operated from outside India, it may be difficult for the Indian authorities to issue any directive to close them down or prohibit their access without using its blocking powers under the ITA. The authorities have little to worry about, as Indian foreign exchange laws do not permit remittances outside India for gambling related activity, such as the purchase of lottery tickets, football pools and sweepstakes. As a result, a gambling website hosted outside India aiming at receiving money from within India cannot do so through legal channels.

Online Games: A Bittersweet Treat

They say the human body can go without food for 3 weeks, 3 days without water, typically 7-8 minutes without air. Did you notice I just listed the 3 essentials primarily needed to sustain human beings or life for that matter? The question is why all of a sudden I decided to go all science or encyclopedia on you.

What if I was to tell you while conveniently ignoring our evolution from monkeys, we have evolved to a level where these three things are no longer the only things that we need to sustain life. Knowingly unknowingly, intentionally or unintentionally, slowly and steadily it has crawled its way as one of the fundamentals for survival. I am of course talking about mobile phones and its minions (tablets, smartwatches and stuff).

If we all be honest with ourselves, I guess 90% people will agree with me when I say that we cannot live without our mobile phones for longer than a minute. Call it a force of habit, being enslaved to them or whatever but that is the sad truth that none of us want to face. With social networking playing a pivotal role in the lives of people of all age groups, people seem as if they are infused with a need to become “cool” and as a result, the need for mobile phones has risen drastically. That vibration and sound of receiving a message have become more imperative than eating, sleeping, and all day-to-day activities.

Phantom notification syndrome (the tendency of someone to believe they got a notification when they have actually not) is not just an observation about the youth but for almost all people with a “smartphone” these days. It is as if we have been programmed to check up on our phone every minute or two for no suggestive reason. And if it is not to check up on our zero messages it is either to take a selfie, or just to console ourselves we are looking fine, or to play games. In a very rare instance, it is a task outside these 3 categories.

And if we examine objectively, after messaging/texting/tweeting/Instagramming, the next favorite thing of people is to tire out their fingers playing games.

After WhatsApp, Facebook, Twitter, Instagram this is the thing in common in all devices. So simple and yet so addictive. The craze for the online game is such that at a point even I started playing it and I don’t remember how my following month passed. I mean there cannot be a single person who does not daily get flooded with games requests daily. It’s hard to put to words as to what makes the mobile game this addictive it’s dope sound effects, its ever-increasing difficulty as you progress, its simple interface, or what, is a mystery yet to be solved. But there is one thing laid down in concrete – it’s definitely going to stay a favorite among people for a long time to come.

Reasons Why You Should Play Sudoku More

Sudoku is among the most popular brain number games. The game requires players to fill blank boxes in the puzzle using specific rules, thus pushing the brain extensively to solve. It is a good game that challenges and exercises the brain, bringing in lots of benefits too. Whereas it seems like a very difficult game that only adults can handle, there is easy Sudoku that suits children as well or beginners for that matter. If you like solving puzzles or playing other mind challenging games, then you should also consider playing Sudoku. Here are some of the benefits that come with the game making it worth trying out.

It increases focus – This game requires focusing complete attention to solving the numbers and in the end it helps improve mind wondering tendencies. By focusing clearly on the task, performance is greatly boosted and you will find that you are more alert. It is one of the reasons that the game is great even for kids.

It keeps the mind stimulated – This is because the number game keeps practicing the process of logical thinking. You also will greatly manage to improve number skills using this game.

It helps improve memory – The truth is that logic and memory do work hand in hand especially when playing this game. You will need to memorize the number and use logic to figure what the missing numbers are in the game.

It improves mental maths – This is an advantage that will work very well especially with kids. Sudoku has a way of polishing cognitive skills in children because it familiarizes them with numbers. It becomes very easy for them to work out sums without the need to write everything down and work them out.

It boosts happiness – By managing to accomplish the puzzles, you will have a happy sense of accomplishment and this keeps you happy. This is especially the case when you finally nail a difficult puzzle that gave you lots of challenges to solve.

It reduces risks of Alzheimer’s – It does this by keeping the brain active, hence lowering the risks of the condition. It is indeed very good for the brain.

It helps divert energy in a positive way – There are so things that can be done with extra time but not all of them are beneficial. In fact, most are time wasters and bring nothing positive, especially where children are concerned. This puzzle makes a very beneficial filler into that extra time and in the end it also teaches children how to be patient and never to give up.

The fact that Sudoku can be enjoyed in different levels makes it great for both children and adults. Even as a beginner, you can find puzzles that challenge you but are not necessarily difficult, so you can move up the levels according to how comfortable you are and how far you are willing to challenge your mind. The many benefits definitely make the brain game worth playing.