The Karnataka government on Tuesday submitted before the High Court that wagering on the result of a game regardless of whether of chance or skill, adds up to ‘betting’ since such result isn’t known.

“Betting or wagering, to place it in basic words is assortment or soliciting bet from somebody or I get or convey the costs either in money or in any case, then, at that point, betting and wagering is finished. Assuming anyone risks their money by soliciting or wagering on an obscure consequence of an occasion, either in money or in any case adds up to betting and wagering. The obscure outcome can be a game of chance or game of skill,” submitted Advocate General Prabhuling K Navadgi while restricting the requests challenging the established legitimacy of the Karnataka Police (Amendment) Act 2021, by which the state government has prohibited all online gaming.

Referring to an illustration of a cricket match between India and Pakistan, Navadgi submitted, “If India versus Pakistan is playing, it is a game of skill.

Navadgi clarified that the criticized enactment isn’t worried about the game of skill. Rather, it is concerning the coordinated organization which gathers wagers on an obscure outcome.

“The inquiry before your lordship is whether keeping a coordinated organization from gathering and wagering on an obscure outcome is prohibited or not.”

“In case you own an online game and use it to bet and wage, it adds up to the offense,” he added.

The State likewise called attention to the fact that none of the candidates challenging the enactment have been charged under it and in this way, opposed the grant of interim relief of stay. “There is no reason or worry to challenge the legitimacy of the enactment. They should come and state whether the activity has been started against them,” Navadgi said.

To this, the court reacted, “Disease need not stand by till gangrene is found. Residents need not stand by to move toward the courts according to the judgment of the Apex court on account of Shreya Singhal versus Union of India.”

The court will keep hearing the petitions on November 30.

Background: The Amendment Act came into power on October 5, it includes all types of wagering, including the type of tokens valued as far as money paid previously or after its issue. It has restricted electronic means and virtual currency, electronic exchange of funds regarding any game of chance’. In any case, there is no restriction on lottery or wagering on horse races on any racecourse inside or outside Karnataka.

The statement of objects and reasons states: “It is viewed as vital further to amend the Karnataka Police Act, 1961 Karnataka Act 4 of 1964, to accommodate the successful implementation of the provisions of this Act by making offenses under Chapter VII and under section 90, 98, 108, 113,114 and 123, as cognizable offense and non-bailable aside from section 87, which is made cognizable and accessible.”

Further, “Include the use of the cyberspace including computer resources or any communication device as defined in the Information Technology Act, 2000 during the time spent gaming, to control the danger of gaming through the internet, mobile application, to improve the discipline for gaming for the efficient leadership of residents and to wean them away from the bad habit of betting.”

Credits: Live Law.in