NEW DELHI: The Allahabad High Court has highlighted the inadequacy of the century-old Public Gambling Act, 1867, in addressing the modern challenges posed by online gaming and betting.
Noting that the Act applies solely to traditional forms of gambling, such as card games and physical casinos, the court took suo motu cognisance of the explosive growth in digital wagering and the resulting social and legal complications.
To explore whether fresh legislation is needed, Justice Vinod Diwaker directed the Uttar Pradesh government to form a specialized committee. Professor K V Raju, the state’s Economic Advisor, will chair the panel.
The Principal Secretary will serve as Member Secretary, and additional experts from relevant fields will be co-opted to provide insights on technology, law enforcement, public health, and economics.
The reference to digital gambling arose during the hearing of two petitions— one by Imran Khan—seeking to quash charges of running an online betting racket from home. The accused allegedly lured residents of Agra into wagering away their savings, amassing crores of rupees in the process.
While the court ultimately quashed the proceedings on procedural grounds—observing that the police required a magistrate’s order to register a case for a non-cognisable offence—it underscored the broader urgency of regulatory reform. “The Public Gambling Act is a pre-digital law. It makes no mention of digital platforms, servers, or cross-border transactions. Its enforcement is limited to physical gambling houses and has no jurisdiction over virtual gambling environments accessed via mobile phones, computers, or offshore servers,” the court noted.
Key deficiencies include: No Definition of Online Gambling: The Act lacks any reference to fantasy sports, e-sports, or poker platforms.
Minimal Penalties: Existing fines and punishments are too small to deter large-scale operators. Jurisdictional Ambiguities: Digital platforms often operate across state, national, and international borders, making enforcement complex.
