Karnataka High Court: No Arrest to be made under New Gambling Law

Karnataka High Court Gambling Law Arrest Law Insider

Swarna Shukla

Published On: October 25, 2021 at 12:00 IST

The Karnataka High Court asked the State Government to Forgo from taking any action under the Provision of the Karnataka Police (Amendment) Act 2021, by which all online gambling and betting has been banned in the State.

The said Act bans wagering or betting, in any form of tokens valued in terms of money paid before or after the issue of the same. It also bans virtual currency and electronic transfer of funds in connection with any game of chance.

The maximum Punishment for Violations under the Amendment Act is Imprisonment for three years and Penalty upto 1 Lakhs.

The High Court was Hearing on the Matter filed by All India Gaming Federation, Junglees Games India Private Limited and Head Digital Works Private Limited Challenging the Validity of the new Amendment Act.

Senior Advocate Arvind Datar, appearing for the Petitioners Contended that Supreme Court once held that if there is element of skill involved, then it is not a wagering.It goes into the realm of Contract.

The Act violates the Fundamental Rights of freedom of the Petitioners to practice any profession or to carry on any occupation, trade or business, as argued by the Petitioners.

The Petitioners asked the Court to set declare Act as Unconstitutional as it subjects permitted commercial activities to the same restrictions as “Illegal gambling Activities”.

Also Read: What does the Law Commission Report on Gambling and Sports Betting includes?

Delhi HC issued notice to Delhi Police and Centre Govt on Plea seeking ban on online gambling

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