Law Banning Online Gaming is Ultra Vires to the Constitution: Karnataka HC

The Karnataka High Court ruled on Monday that the Karnataka Police (Amendment) Act 2021, which prohibits internet gaming and betting, is unconstitutional.

The judgment was delivered by a division bench comprising Chief Justice Ritu Raj Awasthi and Justice Krishna S Dixit. “The implications of striking down the provisions shall follow,” the bench stated. A detailed copy of the judgement has yet to be uploaded.

Similar rules prohibiting online gambling in Kerala and Tamil Nadu have been overturned by the Kerala and Madras High Courts. The Kerala High Court overturned a state statute that prohibited online rummy. Previously, the Madras High Court overturned a bill issued by the Tamil Nadu assembly that prohibited all types of internet gaming, including skill-based games like poker and rummy played for money.

On December 22, 2021, the Karnataka High Court reserved its decision on a bundle of petitions contesting the constitutional legality of the Karnataka Police (Amendment) Act 2021, through which the state government outlawed internet gaming and betting. For violations of the requirements, the Act allows for a maximum sentence of three years in prison and a fine of up to Rs.1 lakh.

Authorities need to understand difference between ‘Game of Chance’ and ‘Game of skills’. And yes, skills may be soft as well.