will legalising betting in cricket boost match
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The Supreme Court has been very clear on this matter and says that a bet could be
legalised only if there is a skill involved.
Two very crucial judgments delivered by the Supreme Court of India in 1996 and 1967
explain when betting can be legal and when it cannot.
A judgment passed in the State Of Andhra Pradesh vs K Satyanarayana & Ors case, in
1967, dealt with subject of whether rummy was a game of chance or not.
The Supreme Court held that rummy was not a game entirely of chance like the 'three-
card' game. The 'three-card' game which goes under different names such as 'flush',
'brag' etc is a game of pure chance.
Rummy, on the other hand, requires a certain amount of skill because the fall of the
cards has to be memorised and the building up of rummy requires considerable skill in
holding and discarding cards. It cant, therefore, be said that rummy is entirely a game
of chance. It is mainly and preponderantly a game of skill. The chance in rummy is of
the same character as the chance in a deal at a game of bridge, the court said.
In fact, in all card games there is an element of chance, because the distribution of the
cards is not according to any set pattern but is dependent upon how the cards find their
place in the shuffled pack. From this alone it cannot be said that rummy is a game of
chance and there is no skill involved in it.
In the Dr K R Lakshmanan vs State of Tamil Nadu, the subject under question washorse-racing. In this case the Supreme Court held that racing is really a test of equine
speed and stamina. The horses are trained to run and their form is constantly watched
by experts.
'Betting on horse-racing or athletic contests involves the assessment of a contestants
physical capacity and the use of other evaluative skills.
'Horse-racing is an organised institution. Apart from a sport, it has become a huge
public entertainment business.
'According to The New Encyclopaedia Britannicathe occasion of certain races are
recorded as public holiday. There is nothing illegal in horse racing: it is a lawful sport.
There is nothing illegal in betting per se. There is all the difference in the world between
a club sweepstakes on the result of the Derby and a sweepstakes horse race as defined in
the Rules of Racing. In each, no doubt, the winner is ascertained by the result of an
uncertain event, but in the case of the former the winner is ascertained by chance, ie, the
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luck of the draw not the result of the race (for the result is the same whether the draw is
made before or after the race); in the case of the latter the winner is ascertained not by
chance, but by merit of performance.'
The former is a lottery; the latter is not, the court said. 'We have no hesitation in
reaching the conclusion that the horse-racing is a sport which primarily depends on the
special ability acquired by training. It is the speed and stamina of the horse, acquired by
training, which matters. Jockeys are experts in the art of riding. Between two equally
fast horses, a better trained jockey can touch the winning-post.'
Legal experts and police officials say that it is relatively easier to control the betting
syndicate when the stake-holders are small in number. In the case of cricket it is
difficult, considering the game is extremely popular among all age groups and has a very
large audience.
In the case of horse-racing, the state legislatures have taken a call that it may be
permitted for recreation and entertainment in race-courses.
However, the police feel that in the case of cricket, while it can be ensured that betting
will take place only for recreation purposes, the bigger problem is of fixing, since the
stakes are extremely high, and this is something that could blow out of control.