The Impact of Regulating Online Gambling on the Validity of Wagering Agreements in India

Authors

  • Diksha Gupta

Keywords:

Validity, Wagering, regulatory, multifaceted, landscape

Abstract

This article delves into the multifaceted impact of regulating online gambling on the validity of wagering agreements in India. With the rapid growth of online gambling platforms, the legal landscape surrounding wagering contracts has witnessed significant shifts. Recently, the Indian government introduced regulations aimed at governing and overseeing online gambling activities. This article seeks to explore the repercussions of these regulatory measures on the validity and legality of wagering agreements in India. This investigation sheds light on the intricate interplay between regulation and contract law, providing insights into the future of online gambling in the Indian legal landscape.

References

Carlill v. Carbolic Smoke Ball Co., (1892), 2 Q.B.484.

The Indian Contract Act, 1872, Section 30.

K. R. Lakshmanan v. State of Tamil Nadu, (1996), 2 SCC 226.

Ibid.

The Public Gambling Act, 1867.

The Sikkim Online Gaming (Regulation) Act, 2008.

Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015.

Supreme Court in Board of Control of Cricket in India vs. Cricket Association of Bihar & Ors., 20168 SCC 535 192.

Justice BS Chauhan (2018), 276th Report of the Law Commission of India. Legal Framework: Gambling and sports betting including cricket in India. July 2018. Available from: http://lawcommissionofindia.nic.in/reports/Report276.pdf p.21, para 3.20.

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Ministry of Electronics and Information Technology, Government of India, Draft Notification. [Online] Available from: https://www.meity.gov.in/writereaddata/files/Draft%20 notification%20for%20amendment%20to%20IT%20Rules%202021%20for%20Online%20Gaming.pdf.

Supra note 8.

Ibid.

Mattia v. Corsiglia Murawski. The online gambling wager: Domestic and International Implications of the Unlawful Internet Gambling Enforcement Act of 2006. Santa Clara L. Rev., 48, 441 at p. 470.

Supra note 10.

Published

2023-11-03