Betting and Gambling are State Subjects

PWOnlyIAS

March 28, 2025

Betting and Gambling are State Subjects

Union Minister Ashwini Vaishnaw stated that betting and gambling are State subjects.

  • The Ministry of Electronics and Information Technology (MeitY) has issued 1,410 blocking directions related to online betting, gambling, and gaming websites between 2022 and 2025.

Difference between Gambling and Betting

Feature Gambling Betting
Definition The act of wagering money or valuables on an uncertain event, often based on chance. Placing a wager on a specific outcome of an event, usually involving some knowledge or skill.
Element of Chance Highly dependent on luck (e.g., slot machines, lotteries). Involves skill and knowledge (e.g., sports betting, horse racing).
Examples Casino games, lottery, poker, roulette, slot machines. Sports betting ( DREAM 11), horse racing, political outcomes, financial markets.
Risk Level Generally high risk due to reliance on chance. Risk varies based on research and analysis.
Control Over Outcome Very little to no control; purely chance-based. Some control based on knowledge, analysis, and strategy.
Legal Status Regulated or banned in some countries due to high risk. Often more widely accepted but still regulated.
House Edge The casino or organizer always has a mathematical advantage. Odds are set by bookmakers, but informed bettors can gain an edge.

State and Central Government Responsibilities

Distribution of Legislative Powers under the Seventh Schedule

Union List (List I)

  • Contains 98 subjects (originally 97).
  • Includes matters of national importance requiring uniform laws across the country.
  • Only Parliament can legislate on these subjects.
  • Examples: Defence, Foreign Affairs, Banking, Currency, Union Taxes.

State List (List II)

  • Contains 59 subjects (originally 66).
  • Covers subjects of local and state interest.
  • State Legislatures have exclusive power to legislate.
  • Examples: Public Order, Police, Health, Agriculture.

Concurrent List (List III)

  • Contains 52 subjects (originally 47).
  • Both Parliament and State Legislatures can legislate on these matters.
  • Ensures flexibility in law-making and prevents rigidity in power distribution.
  • Examples: Education, Criminal Law, Marriage, Bankruptcy.

  • State Legislations on Betting and Gambling: Betting and gambling laws fall under State jurisdiction, as they are listed under Entry 34 of the State List (List II) of the Seventh Schedule of the Indian Constitution.
    • States have the power to legislate, regulate, and define offenses related to betting and gambling.
  • State Responsibilities: States are responsible for the prevention, investigation, and prosecution of crimes related to illegal betting and gambling.
    • State police departments take necessary action against illegal betting and gambling under respective State laws.
  • Central Government Assistance: The Central Government supports States and Union Territories (UTs) through:
    • Issuing advisories on illegal online gaming regulations.
    • Providing financial assistance to enhance the capacity of law enforcement agencies (LEAs).

Legal Framework and Penalties

  • Bharatiya Nyaya Sanhita (BNS), 2023:
    • Introduced on July 1, 2024, the BNS, 2023 establishes strict punishments for unauthorized betting and gambling.
    • The law prescribes imprisonment for a minimum of 1 year, which can extend up to 7 years, along with a fine.
  • Information Technology (IT) Act, 2000:
    • The IT Act provides penalties for cybercrimes associated with online gaming.
    • Crimes covered under the Act include:
      • Identity theft
      • Fraudulent activities
      • Cyber terrorism
      • Tampering with computer source documents
      • Unauthorized access to protected systems

Cybercrime Reporting and Enforcement Measures

  • Indian Cyber Crime Coordination Centre (I4C):
    • Established by the Ministry of Home Affairs (MHA) to coordinate cybercrime investigations and enforcement.
    • The National Cyber Crime Reporting Portal (https://cybercrime.gov.in) allows the public to report cybercrimes, including cyber financial frauds.
    • Cybercrime incidents reported on the portal are routed to the respective State/UT law enforcement agency for further action.
  • Cybercrime Helpline: A toll-free helpline number ‘1930’ has been operationalized for assistance in lodging online complaints related to cybercrime.
  • National Crime Records Bureau (NCRB): The NCRB under MHA compiles and publishes statistical data on crimes, including illegal betting and gambling activities.

Awareness and Consumer Protection Initiatives

  • Advisory on Online Gaming Addiction: The Ministry of Education has issued advisories for parents and teachers on:
    • Overcoming the downsides of online gaming.
    • Children’s safe online gaming practices.
  • Regulation of Online Gaming Advertisements: The Ministry of Information and Broadcasting (MIB) has issued advisories to private satellite TV channels regarding advertisements for online gaming and fantasy sports.
    • Broadcasters have been directed to comply with the Advertising Standards Council of India (ASCI) guidelines.
    • All gaming advertisements must include a disclaimer stating that:
      • Online gaming involves financial risk.
      • Games may be addictive.
      • Advertisements must follow ASCI regulations in both print and electronic media.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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