Casino Rules In India

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A casino, if you may. Gambling, as such, has been illegal in India since the Public Gaming Act. Persons caught breaking the law receive rather mild punishment; up to 200 rupees fine, or up to 3 months imprisonment. The Act does, however, not completely ban all forms of gambling. Gambling is a state subject, and only states in India are entitled to formulate laws for gambling activities within their respective states. The Public Gambling Act of 1867 is a central law that prohibits running or being in charge of a public gambling house. However, online gambling in India has started to take baby steps when it comes to the legal scenario. At the state level, rules are being framed regarding online gambling. So far, only Sikkim and Nagaland have come up with laws favoring online gamblin. Gambling Act also known as The Public Gambling Act,1867 is the law made to govern gambling in India. Gambling is a state subject, and only states in India are entitled to formulate laws for gambling activities within their respective states, Goa and Sikkim are the only exceptions which have allowed gambling and betting in their state, subject.

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Quit while you're ahead. All the best gamblers do. - Baltasar Gracián y Morales
The thing which Amygdala part of the limbic system of 21st century's Homo Sapiens seek for is, “Glamour”! Irrefutably, glamour is associated with money. Money allures every mortal soul and on the contrary part it's not easy to earn money, especially in this era. With the technological advancements, there is cut throat competition for getting jobs. Among all this rush there is an alternative path which some people may consider as a leap of faith, where your luck can make you rich from rags in just one shot! in this article we will discuss in brief about how casinos work?, how do they make profits?. Apart from this we will discuss the legality of casinos in India.

Casinos and handles

A casino is made for gambling. games like Blackjack, slot machines, poker and roulette wheel are played here. usually casinos are in some 5 star hotels. when we take name of casino first thing that comes in our mind is Las vegas, also known as gambling capital of USA.
Most of us have never been to any casino but we always have a thought in our mind of how they make money.
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First and foremost is handle. Handle is the most important part for the gaming operator, handle is basically the total amount of bets by the players involved in the game. players put their bets in the handle, handles are made of chips or cash. money can go either two ways, either player loses it or wins it.

How casinos make money

Considering casinos as a business model, handles are obtained through the product of 3 things, average bet, time spent and capacity use. Most of the casino games are based on your average bet and the time you spend in that particular machine and it depends less on how much you have won or lost, similarly in case of slot machines capacity use plays a vital role as a casino with more slots machines will make more money.
Every casino sets a minimum amount to enter a table, it is tough to find a table for a black jack game that has a minimum bet of 2$(140inr) or 4$(240inr). Players may wish to play but the principles of casino may indicate a minimum charge of 25$ to play a round of blackjackThe dealer is in a position to urge up to 375 hands to the player. If all the six players bet at $2, the whole wagers are going to be about $750. That's if you exclude the double down and also the splits. On the opposite hand, if one player bets at $25, then the table will produce $4,125 in barely one hour.
Till now we discussed what are casinos, how do they work and now we will discuss about legality of these casinos in India.
Gambling is legal:
Gambling Act also known as The Public Gambling Act,1867 is the law made to govern gambling in India. Gambling is a state subject, and only states in India are entitled to formulate laws for gambling activities within their respective states, Goa and Sikkim are the only exceptions which have allowed gambling and betting in their state, subject to regulation of their respective state Governments. Some states like Goa have legalised casinos.
The state of Goa allowed gambling after the formation of Goa, Daman and Diu public Gambling Act,1976. Later it was amended to allow slot machines in five star hotels and card-rooms in offshore vessels subject to prior approval and authorization of the State Government on payment of a specified recurring fee.
The state of Sikkim Made gambling legal after the enactment of The Sikkim Regulation of Gambling (Amendment) 2005 authorises the State government to inform the specified areas where permission can be granted for running of casinos on payment of a specified fee.
In India at present there are 2 Casinos in Sikkim and 10 in Goa, this gives an overview about gambling laws at present in India and this can been seen that there are extensive restrictions on any kind of wagering and gambling activities in India. in India all the gambling legislations have removed the Games of skill from the purview of gaming in India. There have been vast discussions regarding differentiating games of skill and games of luck, as games of luck can be considered in gambling as in game of luck a person's intellectual plays a very little role

Game of skill and Game of luck

In India all the gambling legislation has removed the Games of skill from the purview of gaming in India. There have been vast discussions regarding differentiating games of skill and games of luck, as games of luck can be considered in gambling as in game of luck a person's intellectual plays a very little role.
Gambling can be understood in its 2 different forms in its traditional form as well as its modern avatar. In traditional gambling context it can be understood in brick, physical space and motor format, whereas in modern formats include internet, mobile phones etc.
Case law
State of Andhra Pradesh v K. Satyanarayana and Ors [AIR 1968 SC 825] court said that
The game of Rummy is not a game entirely of chance like the 'three-card' game mentioned in the Madras case to which we were referred. The 'three card' game which goes under different names such a 'flush', 'brag' etc. is a game of pure chance. Rummy, on the other hand, requires a certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards.
We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and predominantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge.
Conclusion
Gambling laws as in India seem to be unclear and confusing. Judiciary had made an effort through case laws to provide transparency and clarity in laws of gambling, also considering recent technology changes in our society this has enabled more number of people to participate in this gaming activities. Keeping my point of you, gambling under the governance of The Public Gambling Act(1867) should be encouraged and more number of casinos should be established throughout India.
We being a developing country Casinos would attract more number of tourists in India as well Casinos contribute a fair amount in the country's economy.as according to reports gambling and betting are considered keys of economy in Britain. It is advisable that before someone ventures into any gambling activity in India, he/she may take a sound legal advice in respect of the same so as to avoid any unnecessary legal implications.
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Taking a break from the monotonous schedule is an important requirement for rejuvenation of people. Games serve as a source of entertainment, destressing the individuals from their routine activities. Played in numerous forms, varying from those deploying physical activities to the ones involving strategizing instincts.

The games involving mental faculties to win the challenge have been played since times immemorial. Since the days of the reign of kingdoms, games like chess, pacheesi (a form of ludo), snakes & ladders have always fascinated the royal families. By changed outlook and different variations the games still engross number of people towards them. Not merely restricted to their play on physical media, the games have now expanded their scope on the virtual world as well.

The playing of games for enjoyment purposes is allowed under the legal regime. The situations become tricky when it comes to the playing of games with the involvement of stakes. The law in India remains unclear as to the gaming domain. The major point of consideration which arises is the difference between gaming and gambling. Distinction has been made betweengames of skill and games of chance.

Gambling / games of chance are a play for value against an uncertain event in the hope of gaining something of value and is entirely dependent on chance/ luck. The games of such nature are allowed to be played once the operator of the game obtains a license for it in the said regard.

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Games of Skill are the games that base success upon the existence of skill.

The Legal framework clearly recognizes the games with below elements are not “gambling”[1]:

where success depends on substantial degree of skill; and
despite there being an element of chance there is requirement of application of skill.

The law in India states a game to be a game of skill, even with the element of chance if it depends upon:[2]:

Superior knowledge;
Training;
Attention;
Experience;
Adroitness of the Player;
Element of Skill predominates over the element of chance

The Court while deciding on the Public interest litigation[3] filed claiming the game ‘Kaun Banega Crorepati based on the British show “Who wants to be a Millionaire” held that the game cannot be regarded as gambling. It was discussed that as per the format of the game, the candidate is asked question and given four options out of which he has to pick the correct answer. It was contended that the amount won in the question would serve as a stake for the next question and thus result in gambling. The Court held that skill was involved in answering of question put forth and therefore it was a game of skill and not gambling.

JURISDICTION

Gaming/ gambling being a matter of jurisdiction of State legislations are governed as per State/ local laws. The States have devised their independent laws regulating gaming and gambling activities within their territories. The State law(s) which regularize gambling are as follows:

The north-eastern State of Sikkim by the virtue of Sikkim Casinos (Control and Tax) Act, 2002 and Sikkim Casino Games (Control and Tax) Rules, 2007, regulates the operation of casinos, thus allowing gambling activities on board an offshore vessel.
The western State of Goa under the provisions of the Goa, Daman and Diu Public Gambling Act, 1976, permits gambling activities in five star hotels post obtaining license after complying with the guidelines issued.

The State law(s) which strictly prohibit gambling are:

The northeastern State of Assam by virtue of The Assam Game and Betting Act, 1970.
The eastern State of Odisha: by virtue of The Orissa (Prevention of) Gambling Act, 1955
The central western State of Gujarat vide order dated November 17, 2017, dismissed the petition[4] of the club seeking approval of allowing the playing of poker and rummy under the Gujarat Prevention of Gambling Act, 1887.

ONLINE GAMING LAWS IN INDIA

In India, the online gaming law is at a very nascent stage and is being administered by the available, if any, local laws. The online gaming involving stakes is neither per se prohibited in India, nor are regarded as gambling activities. The presence of numerous online games including poker bears testimony to this fact. While the overall situation for online gaming is favorable in India, 24 out of the 29 States and all the 7 Union Territories permit the playing of online games with stakes. Only a few states expressly prohibit any wagering/ betting activities in toto. The respective state law(s) which prohibit/ regularize the playing of online games are as under.

The northeastern State of Assam by virtue of The Assam Game and Betting Act, 1970.
The eastern State of Odisha: by virtue of The Orissa (Prevention of) Gambling Act, 1955
The Government of the newly constituted southern State of Telangana is in the process of framing a law based on their issued ordinances thereby imposing ban on online betting and gambling.
The north-eastern State of Nagaland regularizes online gaming involving stakes by mandating the requirement of a license (involving license fees) for the same through the Nagaland Prohibition of Gambling and promotion of Online Games of Skill Act, 2016 & Rules, 2016.

CONCLUSION

The law regarding the governance of games remains in the grey area. There persists the requirement to clearly establish the criteria distinguishing the game of skill from a game entirely dependent upon chance. Being governed under the regime of the State Legislation, there remains absence of a uniformed opinion ensuring legality of certain games over others. Mere involvement of stakes is an inefficient mechanism to tag a game as a gambling activity. In the era of growing acceptance and evolution of gaming, there is a requirement of a Central effective legislation throwing light on the activities which may be specifically classified as gambling separating it from those involving preponderance of skill

[1] State of Bombay v. RMD Chamarbaugwala[ A.I.R., 1957 S.C. 699] - held by the Apex Court of India

[2] Dr. K.R. Lakshmanan vs State Of Tamil Nadu & Anr [1996 AIR 1153] - held by the Apex Court of India

[3] Bimalendu De And Etc. vs Union Of India (UOI) And Ors. [AIR 2001 Cal 30]

[4] Special Criminal Application No. 3900 of 2017Taking a break from the monotonous schedule is an important requirement for rejuvenation of people. Games serve as a source of entertainment, destressing the individuals from their routine activities. Played in numerous forms, varying from those deploying physical activities to the ones involving strategizing instincts.