2020 (7) TMI 739 - HC - Indian Laws

Playing Cards - legal or not - case of the prosecution is that the complainant on his rounds along with two other Constables on 05.06.2020 around 06.30 pm near Kaduthula Junction found the petitioner and four others playing cards near a thorny bush and therefore he arrested the accused recovered the cards and money and registered the case for the offence under Section 12 of the Act - HELD THAT - Though the issue in the present case on hand is pertaining to playing of cards in a private place since in the status report filed by the Assistant Inspector General of Police on behalf of the Director General of Police it has been stated that at present there is no rule to regulate and license such online skill games based on a query posed by this Court while admitting this petition this Court is inclined to discuss the issue in detail - The gaming industry in India is undergoing a dramatic transition not only in terms of its audience but also in terms of the modes of participation and engagement. Gambling Laws in India prohibit betting or wagering and any act which is intended to aid or facilitate the same. For the purpose of regulating gaming in India most of the Indian legislations differentiate between games of skill and games of chance . Gaming / Gambling being a State Subject India has laws which differ from State to State. Therefore what is permitted in one State may be an offence in another. When the menace of lottery was at its peak sucking the blood and life of several families the Government of Tamil Nadu in the year 2003 has taken a rigid stand with an iron hand and banned the sale of all lotteries including online within the territory of the State by passing the Government Order in G.O.Ms.No.20 Home (Courts II) Department dated 08.01.2003. This Government Order though challenged before the Courts of law still holds the field. By virtue of this order the Government has thus prevented the suicidal deaths who have not only lost their hard earned money but also their family peace and reputation in the State - Similarly when the menace of charging exorbitant interest by way of daily vatti hourly vatti kandhu vatti meter vatti vattiku vatti was in its prime the Government of Tamil Nadu in the year 2003 has enacted Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003 thereby wiped the tears of the affected people at large. This Court hopes and trusts that this Government shall take note of the present alarming situation and pass suitable legislation thereby regulating and controlling such online gaming through license of course keeping in mind the law of the land as well as the judicial precedents in this regard. This Court is not against the virtual games but the anguish of this Court is that there should be a regulatory body to monitor and regulate the legal gaming activities be it in the real world or the virtual world. Needless to say that if the Government intends to pass a legislation in this regard all the stakeholders should be put in notice and their views should be ascertained - Since this Court is exercising power under Section 482 Cr.P.C. with the above suggestions this Court refrains from observing any further leaving it to the Government. Criminal Original Petition is allowed.

Summary

Issues Involved:
1. Legality of playing cards in a private place under the Tamil Nadu Gaming Act, 1930.
2. Definition and application of "common gaming house" and "public place" under the Act.
3. The necessity for regulation and licensing of online skill games.

Issue-wise Detailed Analysis:

1. Legality of Playing Cards in a Private Place:
The petitioner, a Secondary Grade Teacher, was charged under Section 12 of the Tamil Nadu Gaming Act, 1930, for playing cards near a thorny bush. The petitioner argued that the location was not a public place as defined under the Act. The Court referenced several precedents, including J.Raghunadhu v. Emperor, which held that a private house's pial with access to a public street is not a public place under the Act. The Court concluded that the place of occurrence, being a private farmland, does not fall under the definition of a public place or common gaming house, thus the charges under Section 12 were not applicable.

2. Definition and Application of "Common Gaming House" and "Public Place":
The Court elaborated on the definitions provided in Section 3 and Section 12 of the Tamil Nadu Gaming Act, 1930. A common gaming house is defined as any place where gaming instruments are used for profit. Section 12 penalizes gaming in any public street or place. The Court cited various judgments, including Raman Nair v. State and Kanwardeep Singh v. Union Territory of Chandigarh, which emphasized that gaming in a private place not intended for profit does not constitute an offense under the Act. The Court applied this reasoning to the present case, determining that the private farmland where the incident occurred could not be termed a common gaming house or public place.

3. Regulation and Licensing of Online Skill Games:
The Court raised concerns about the lack of regulation for online skill games, noting the growing addiction and financial crises caused by such games. The Assistant Inspector General of Police's status report highlighted the absence of rules to regulate and license online games in Tamil Nadu, unlike states like Telangana, which have amended their gaming laws to include online gaming. The Court discussed the need for a comprehensive regulatory framework to monitor and regulate online gaming, citing the Sikkim Online Gaming (Regulation) Act, 2008, and the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016, as examples. The Court urged the Tamil Nadu Government to consider similar legislation to regulate online gaming activities.

Conclusion:
The Court quashed the proceedings against the petitioner, emphasizing that the location of the alleged offense was not a public place or common gaming house under the Tamil Nadu Gaming Act, 1930. The Court also highlighted the urgent need for regulatory measures to address the challenges posed by online gaming, suggesting that the Government of Tamil Nadu should enact suitable legislation to regulate and control online gaming activities.