Introduction
The Andhra Pradesh state Legislative Assembly recently assembled by videoconference and adopted the Andhra Pradesh gambling (Amendment) Bill 2020 banning online gaming in the state.
According to the home minister of Andhra Pradesh, adopting an amendment to the AP gaming Act of 1974 was necessary in the wake of technological development which had opened many opportunities for online betting activities not covered in the previous law from ‘74. This had, according to the minister, led to an increase in the number of organized crimes such as money laundering and fraud.
While the amendment certainly is well intentioned, several institutions have criticised the decision as it violates constitutional protections and imposes the state government’s morality on citizens of Andhra Pradesh.
What is the effect of the amendment?
The Andhra Pradesh government has outright prohibited online games of gambiling nature such as rummy, poker and similar gaming activity which involves monetary betting.
Under the amendment, the first offence attracts imprisonment for up to one year and a fine of Rs. 5,000/-. Players would get an imprisonment for six months in the first instance and the operators of gambling games are entitled to one year imprisonment. The punishment would be two years of jail for both players and operators if found guilty for a second time. In addition, a fine of Rs. 10,000 would also be payable.
Every offence under the amendment is cognizable and non-bailable. It is worth noting that the government will not be banning any online betting mobile app or website within the state. However, players indulging in online gambling on these sites will be punished.
The amendment has led international and prominent betting sites like Bet365 to reject new players from Andhra Pradesh and close all the accounts of existing Andhraites.
A template for national betting laws or a nightmare?
Citing the reason for the amendment, the state government mentioned that many gambling websites are not authentic. There were no regulatory measures to check the legitimacy of these sites, which had led to an increase in frauds, security and privacy issues.
The government also recognized that youngsters have committed suicide in the recent past after they were pushed into debts due to online gambling.
The intentions behind the amendment are reasonable and valid. Gambling and betting were already prohibited and were offences under the previous law as well. But, the updated bill fails to differentiate between the online games played for money but requiring skill and talent (games of skill) and gambling and betting which are based on pure ‘luck’ or ‘chance’.
The amendment makes an online quiz, a game of chess, and memory games, where participants are required to pay a fee for participation and are rewarded money for winning the same as betting or gambling.
It is strange that the Government has ignored directions from the Supreme Court of India by bringing games of skill such as rummy into the category of gambling or betting. Therefore, such bills are seen as overly imposing on the general public and are certainly not a blueprint for other states to follow.
Conclusion
The Andhra Pradesh gambling (Amendment) Bill 2020 has received mixed feedback. In general, the laws governing online betting in India vary from state to state and can certainly be quite confusing. Before you start online betting, it is important to ascertain that you are indulging in legal and secure betting.
We recommend visiting MyBetting.in, which is an aggregator of all the best legal betting sites in India and a complete knowledge base on betting legally in India. They can help you get started betting online legally fast, and at zero cost.
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