‘Unconstitutional’: Karnataka HC strikes down law banning online gambling in state
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Calling it unconstitutional, the Karnataka High Court on Monday struck down provisions of the Karnataka Police (Amendment) Act, 2021, which prohibit and criminalise betting on and playing games of skill, including the ones online.
“The writ petitions succeed. The provisions are ultra vires of the Constitution and struck down,” A Division Bench of Chief Justice Ritu Raj Awasthi and Justice Krishna S Dixit stated, according to Bar and Bench.
However, while clarifying that the court wasn’t striking down the entire Act, the Bench added that it will not interfere if the state brings in a new law that is in consonance with the Constitution.
On September 21 last year, the Karnataka Assembly passed a legislation to amend the Karnataka Police Act, 1963, making all forms of gambling, including online, a cognisable and non-bailable offence. Since the new law came into effect, several online gaming firms have geo-locked their apps and sites in Karnataka to prevent attracting police action if customers access the sites.
An FIR was also registered under the amended law against the creators of the online fantasy sports platform Dream 11 for running a gaming house as defined in the new law.
