GOVERNMENT OF INDIA
LAW COMMISSION OF INDIA
Report No. 276
LEGAL FRAMEWORK:
GAMBLING AND SPORTS BETTING
INCLUDING IN CRICKET IN INDIA
July 2018
ii
Report No. 276
LEGAL FRAMEWORK: GAMBLING AND
SPORTS BETTING INCLUDING IN CRICKET
IN INDIA
Table of Contents
Chapter
Title
Pages
I
Background
1-5
A
Mudgal Committee
1-2
B
Lodha Committee
3-4
C
Reference to the Commission
4-5
II
History of Betting and Gambling
6-15
A
Betting and Gambling in Ancient
India
7-13
B
In ancient Europe
13-14
III
Distinction
between Wagering,
Gambling and Betting
15-27
A
Gambling and Betting- a Game of Chance
or Skill?
21-25
B
Examining Foreign decisions
25-27
IV
Constitution of India and Betting
28-47
A
Morality and Betting
31-37
B
Legal perspective of Gambling and
Betting
37-47
1 Doctrine of res extra commercium
39-42
2 Immorality or opposed to public policy
42-45
3 Wagering Agreements
45-47
V
Statutory Provisions
48-73
A
Central Laws
48-57
1 The Lotteries (Regulation) Act, 1998
48
2
Indian Penal Code, 1860
48-49
3 The Indian Contract Act, 1872 (Contract Act)
49
4 Prize Competitions Act, 1955
50-51
5 Foreign Exchange Management Act, 1999
51
6 Payment and Settlement Systems Act, 2007
52
7 The Prevention of Money Laundering Act,
52-53
iii
2002
8 The Young Person’s (Harmful Publications)
Act, 1956
53-54
9 The Indecent Representation of Women
(Prohibition) Act, 1986
54
10 The Information Technology Act, 2000 (IT Act)
54-55
11
Information
Technology
(Intermediaries
Guidelines) Rules, 2011
(Intermediaries
Rules)
55
12 Telecom
Commercial
Communications
Customer Preference Regulations, 2010
55
13 The Cable Television Network Rules, 1994
56
14
Income Tax Act, 1961
56
15 The Consumer Protection Act, 1986
56-57
16 Central Goods and Services Tax Act, 2017
57
B
The Public Gambling Act, 1867:
Whether a Central Enactment
57-60
C
State Laws
60-73
(a) Maharashtra and Gu