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Axe falling on digital betting anywhere

SYFUL ISLAM | April 08, 2023 00:00:00


Anyone engaged in gaming on stakes, no matter in or outside the country, will be charged under a new anti-gambling law Bangladesh is making to stem a tide of such digital betting.

Officials said ‘The Gambling Act 2023’ would replace a century-old law that does not cover the digital-era offences.

“If any person (Bangladeshi national) does any offence which falls under the purview of this law, even though they did it outside the country, can be arbitrated in a way that he or she did the offence inside Bangladesh,” the draft of the law reads.

The government is updating the provisions of the Public Gambling Act 1867 and preparing The Gambling Act 2023 as in the recent years the mediums of arranging betting have expanded many ways, as is evident from recent discoveries of gaming bonanza.

Officials said making the gambling act time befitting has become necessary to bring all types of gambling and gamblers in the modern days betting also take place through digital tools as well alongside the traditional mediums.

Sources said in line with a decision of the Deputy Commissioners’ Conference 2018, the ministry of home affairs had formed a committee headed by its additional secretary Lipika Bhadra to update the Public Gambling Act 1867.

The committee recently drafted the Gambling Act 2023 in lieu of the old law and sent to the ministries and departments concerned for their opinion.

Under the law in the making all types of betting that have no approval from the district magistrate, any type of competitive games in exchange for cash or kind, and all types of lottery, among others, will be treated as gambling.

A person will be considered a bookmaker if any betting instruments like books, documents, cards, circular, and electronic records are found in their possession.

The draft mentions that any person who bets on social media or other types of online or electronic or digital medium for gaming and transacts money in cash, debit or credit cards, through other mobile financial services, bit coin, crypto currency, or other types of electronic or digital medium will be treated as involved in online betting.

Also, if they register on online betting site and opens accounts there or provide hosting or act as gambling agent or use accounts of others staying home and abroad in exchange for monthly fee or other types of payments or operate an website or social media for the same, it will be considered as act of online betting.

“If anyone also lets his or her home, cyber-cafe or any other types of places for online betting, it will also be considered as offence under the new act,” the draft says.

The new law will entitle a district magistrate, executive magistrate, any officer assigned by district magistrate or any police officer assigned by district police superintendent with prior consent from district magistrate to enter any home or establishment in day or night time if they have credible information of holding gambling there.

The officials will be able to enter the establishment, if necessary by force, and arrest those engaged in gambling and confiscate the instruments and money used in the gambling.

They will also be entitled to conduct a search in the home or establishment where gambling took place and, if necessary, will be able to make body search of those engaged in gambling, and confiscate anything found to be used in the gaming.

Anyone who arranges betting in his or home or by using digital platforms and assists in transaction of money for the same purpose will be awarded not more than three years’ jail or Tk 500,000 as fines or both the punishments.

Also, a gambler or anyone who remains present at a place where gambling was taking place will be awarded up to two years in jail or up to Tk 200,000 as fines or both.

A bookmaker will be awarded two years’ jail term or Tk 300,000 as fines or both for the offences, the draft says.

People involved in online betting will be fined Tk 300,000 or awarded three years’ imprisonment or both the punishments.

“The offences under the Gambling Act 2023 will be considered cognisable, non-bailable, and compoundable,” the draft law mentions.

Contacted, Zubaida Mannan, a member of the committee and a joint secretary of the Ministry of Home Affairs, preferred not to talk over the telephone on this matter.

However, another official said there is no mention of gambling in digital medium and social media platforms and also by using mobile money and card money for the same purpose in The Public Gambling Act 1867.

“The draft of the new act has mainly added this provision as gambling and betting by using digital mediums, including mobile phones, is on the rise nowadays,” he said.

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