“Gaming” inherent in gambling: A narrative review of the reference to “gaming” in the acts regulating gambling across different states and Union Territories of India

Abstract

Background: Given the overlap between gaming and gambling, and the need to demarcate between the two; it becomes important to understand the use of the term “gaming” in the Acts regulating gambling. Aim: The current narrative review aimed to ascertain various contexts of the use of the term “gaming” across the different Acts regulating gambling in India. Methods: We based our literature search on the online portal of India Code, including all online available publications. We conducted an electronic search in India Code for “gambling,” “gaming,” and “betting” to obtain all published Acts. Results: We were able to identify a total of 26 relevant Acts. The term “gaming” or “game” was used in the title of eight Acts. The term “gaming” was used in the description of all but eight Acts. Also, six of the Acts, while targeted at gambling, did not include the term gambling and rather used the term gaming instead. In addition to the title and the definition/description, the term “gaming” has been used in various other sections of the Acts on gambling including the use of the phrase “common gaming house” and “instruments of gaming.” Most of the Acts use the terms wagering and/or betting to describe “gaming.” Most of the Acts make some reference to the games of skill and/or game of chance. Conclusion: This review not only presents the specific themes of concern, but also highlight the heterogeneity in the existing regulatory framework for gambling across different regions of India. Such heterogeneity is likely to pose additional and unique challenges in context of the online gaming and gambling.