Section 9 in THE KARNATAKA POLICE (AMENDMENT) ACT, 2021
9. Amendment of section 176.-In section 176 of the Principal Act, the words “and to wagering by persons taking part in such game of skill” shall be omitted.
[The High Court of Karnataka in All India Gaming Federation v. State of Karnataka (February 14, 2022) declared certain provisions of the Karnataka Police (Amendment) Act, 2021 as unconstitutional, which prohibited and criminalized the activities of offering and playing online games, by risking money or otherwise. The provisions of Sections 2, 3, 6, 8 & 9 of the Karnataka Police (Amendment) Act 2021 are declared to be ultra vires of the Constitution of India in their entirety and accordingly are struck down. The Bench also restrained the Government from interfering with the online gaming business and allied activities while making it clear that nothing in this judgment shall be construed to prevent an appropriate legislation being brought about ‘Betting & gambling’ in accordance with provisions of the Constitution. These games are rummy, carrom, chess, pool, bridge, crosswords, scrabble and fantasy sports such as cricket. “In the considered view of this court, the impugned legislative action that has clamped an absolute embargo on all games of skill defies the principle of proportionality and is far excessive in nature and therefore violates Article 14 of the Constitution on the ground of manifest arbitrariness,” the Bench said. The High Court held that games of skill are a kind of expression of the individual and therefore fall within the protective contours of Article 19(1)(a) and Article 21 of the Constitution, subject to reasonable restrictions. (https:indianexpress.com/article/cities/bangalore/unconstitutional-karnataka-hc-strikes-down-law-banning-online-gambling-in-state/) (https:indiankanoon.org/doc/35272859/)]
