Last Thursday, the Andhra Pradesh government announced that it has banned online betting games, including poker and rummy. Under the new regulations, organizers of online gambling games could be jailed for up to one year, and for two years in case of repeated convictions. The players themselves can be jailed for six months.
Technically, not a ban on online gambling
However, the government will not block any gambling apps and websites that offer stakes in poker, rummy, or similar games. Kumar Vishwajeet, principal secretary at the state home department, confirmed that the government will not be banning any mobile applications or websites within the state.
“We are not saying we will block anything. We are saying that if we catch someone indulging in online gambling, we will put them in jail. The amendment [is] not for banning anything. Previously, when someone was playing it was a simple non-cognizable offense. Now, we have made it a cognizable, non-bailable offense. We have made it a stringent law.”
It will make such activity a cognizable offense by amending the AP Gaming Act, 1974. Citizens will still be able to access these services, but now they can be prosecuted if caught. reveals fake modus operandi of JC brother New Indian Express reported, the state cabinet chaired by Chief Minister YS Jagan Mohan Reddy has approved amendments to AP Gaming Act 1974 to ban online gambling. According to the Information and Public Relations Minister, Perni Venkataramaian, the measure has been taken to protect the state’s young people and to prevent gambling addiction.
The state government will not proactively prosecute any website or app that offers gambling and betting services. Admitting that the law won’t be “absolute”, Vishwajeet said the government believes it will nevertheless act as a deterrent. “These apps and websites will continue to offer their services. But we are asking out people not to indulge in them […] Once certain people are caught and sent to jail, the other will fear participating in these activities,” he said.
Venkataramaiah said those caught playing online betting games would face a jail term of six months, while organizers of online gambling would be imprisoned for a year, for first-time offenses, and two years for the repeat offenders.
Websites and apps will remain available, but people will be “asked” to not use them
Fantasy leagues will be out of its purview as well. When asked about the argument that they could be considered games of luck, Vishwajeet declared, “Well, you make thousands of arguments like that. Everyone has their own perception. This amendment will not include fantasy leagues under the purview of gambling”. He said that that this amendment would only be about “betting”. “Anything that has betting involved in it will be covered by this,” he said. When asked if this would cover all games of chance (for instance, some mobile apps offer games of ludo with stakes), he said, “We are not bothered about chance or anything. If betting is involved, money is involved, it will be in the purview of this amendment.”
Gaming and gambling is a state subject under the 7th Schedule of the Constitution of India, hence it is at liberty to make its own laws for the same.
States are free to formulate their laws around gaming and gambling since they are state subjects under the Constitution. Most states, however, still don’t have any provisions that take into account online gambling. Their laws are till based on the broad base of the Public Gambling Act, 1867.
Regulation of gambling, both offline and online, is dependent on two factors: (i) whether gambling itself allows and (ii) whether a game is of skill or change.
Earlier this year, State President Somu Veerraju’s requested to ban iGaming across the state, citing concerns over financial hardship among the state’s 49.8 million inhabitants and a potential for increased problem gambling rates.
New measures have been put in place in the Indian state of Andhra Pradesh which imposes a blanket ban on online gambling, targeting direct restrictions on online poker and rummy services.
Meanwhile, India’s business community waits for the Modi government to seal its reform of the ‘2000 Information Technology Act’, in which new federal amendments and protections are anticipated on consumer laws, data protection and digital services. Andhra Pradesh, a state on the southeastern coast of India, has over 49.3 million inhabitants.
