2020 (1) TMI 1636 - HC - Indian Laws

Gambling or not - wagering - appellant contends that law permits a game of skills with wagering - Section 176 of the Karnataka Police Act, 1963 - HELD THAT - The question of permitting wagering under any circumstance in law is impermissible. Gambling cannot be permitted under any law. A reading of the order of the learned Single Judge does not permit any kind of wagering even for a game of skill. Therefore, the aforesaid order passed by the learned Division Bench is being misread and we clarify by reiterating that even though it is a game of skill, there can be no wagering under any circumstance whatsoever. If the law permits playing of all games with skills or otherwise, even then playing any of these games with stakes or wagering is impermissible. Hence, there are no grounds to interfere with the impugned order passed by the learned Single Judge. Appeal dismissed.

Summary

Issues:
Interpretation of Section 176 of the Karnataka Police Act, 1963 regarding wagering in games of skill.

Analysis:
The appellant appealed against an order granting reliefs but prohibiting games with stakes. The appellant argued that Section 176 of the Karnataka Police Act allows games of skill with wagering. Reference was made to a previous Division Bench order permitting games of skill but prohibiting games with stakes. The appellant contended that members should be allowed to wager on games of skill.

The High Court dismissed the appeal, stating that permitting wagering under any circumstance is impermissible in law. The court emphasized that gambling cannot be allowed under any law, even for games of skill. The court clarified that the previous Division Bench order did not permit wagering, even for games of skill. The court reiterated that playing games with stakes or wagering is not permissible, regardless of the nature of the game.

In conclusion, the High Court upheld the order of the learned Single Judge, dismissing the appeal and rejecting the pending interlocutory application. The court clarified that wagering in games, even those involving skills, is not allowed under any circumstance as per the law.