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驰腻箩帽补惫补濒办测补 has expounded the laws to regulate gambling and betting under the title of law called 诲测奴迟补蝉补尘腻丑惫补测补. He dedicates five verses to describe rules concerning this title of law. While commenting upon the laws of 驰腻箩帽补惫补濒办测补, Vij帽膩ne艣vara characterises gambling and betting with reference to the definition given by 狈腻谤补诲补^[1] and Manu.^[2] He defines that playing by means of inanimate things such as dice, small piece of leather, ivory staves, game having four components of an army division, etc., which involves betting is known as gambling. On the other hand, play by means of living creatures like cock, pigeon, wrestlers, sheep, buffaloes, etc., with a stake is called betting.^[3]

驰腻箩帽补惫补濒办测补 lays down the rule to collect fee from gambling. In this context, the technical terms used by him are explained by the 惭颈迟腻办峁�a谤腻. According to it, gleha means the stake or bet, which is determined by mutual agreement of the gamblers. Sabhika is the person to whom belongs the hall, which gamesters make their haunt, i.e., the keeper of the gambling house. The person making provisions for making all the instruments for gambling such as dice, etc., and maintaining itself with the amount received therefrom is known as 蝉补产丑腻辫补迟颈.^[4] In a gambling, where the stake is a hundredfold then sabhika can collect five per cent of the wager from the gamester and from other he is entitled to take ten per cent.^[5] Thus, receiving a portion from the gamblers, sabhika owes some rights and liabilities. He has to pay the stipulated amount to the king for the protection provided by him. It is his duty to recover the amount of wager from the defeated party and to give it to the winner. The author also states that a sabhika should keep patience or he should be forgiving and should speak the truth.^[6] These appears to be the necessary qualities required by the nature of the job for discharging his duties. In failure on the part of the Sabhika, to recover the stake money from the loser, the burden shifts to the king if certain conditions are fulfilled.

The king should enforce the defeated party to make the payment of the due stake amount to the winning party where former consist of fraudulent gamesters and wants to avoid the payments if following conditions are fulfilled: -

1. the bet should be owned publicly in an assembly of gamblers,
2. it should be conducted in a gaming house having a sabhika,
3. the king should receive the fixed amount to be paid to him.

In absence of the above mentioned conditions, the king is not liable to cause it to be paid to the winners.^[7] An interesting rule provided by 驰腻箩帽补惫补濒办测补 is that while deciding a dispute arising out of gambling, judges and witnesses should be the gamblers themselves.^[8] It is a special kind of law delineated by the author. It seems that he considers expert gamblers more competent to decide such suits as they have more knowledge over it than others. He prescribes punishment for playing by fraudulent means or with a motive to cheat. Those who play with false dice or other deceptive instruments, have to be inflicted with brandation and to be banished by the king.^[9] Moreover, gambling should be organized under the supervision of a single officer for the purpose of getting information about thieves. 驰腻箩帽补惫补濒办测补 also declares that these laws are also applicable to betting by living beings.^[10]

In the context of present legal system, List II of the 7^th Schedule of the Constitution of India empowers the State governments to make laws regarding gambling and betting activities.^[11] Section 30 of the Indian Contract Act provides agreements by way of wager to be void. Therefore, no suit can be brought for recovering anything to be won on any wager. However, this section recognises an exception in favour of horse-race. ^[12] Section 294鈥揂 of the Indian Penal Code resembles to some extent with the provisions on gambling incorporated in the 驰腻箩帽补惫补濒办测补sm峁泃i. According to this section, keeping of any office or place for the purpose of drawing any lottery and publication of any advertising relating to them are made a punishable criminal offence, unless it is not a state lottery, or a lottery authorised by the state government. Lottery here amounts to gambling.^[13] 驰腻箩帽补惫补濒办测补 also allows gambling when it is legalised or authorized by the King.

Footnotes and references:

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[1]:

ak峁�vadhra艣al膩k膩dyairdevana峁� jihmak膩ritam/ pa峁嘺办谤墨岣嵞� vayobhi艣ca 辫补诲补峁� 诲测奴迟补蝉补尘腻丑惫补测补m// 狈腻谤补诲补sm峁泃i,4.16.1

[2]:

apr膩峁噄bhiryatkriyate talloke dy奴tamucyate/ pr膩峁噄bhi岣� kriyate yastu sa 惫颈箩帽别测补岣� 蝉补尘腻丑惫补测补岣�// 惭补苍耻蝉尘峁泃颈,9.223

[3]:

ak峁Ｄ� p膩艣ak膩岣�/ vadhra艣carmapa峁�峁璱k膩 艣补濒补办腻 dant膩dimayyo d墨rghacaturastr膩/ 膩dyagraha峁嚹乧catura峁単膩di办谤墨岣嵞乻膩dhana峁� karitura峁単arath膩dika峁� g峁沨yate/ tairapr膩峁噄bhiryaddevana峁� 办谤墨岣嵞� pa峁噋urvik膩 kriyate/ tath膩 vayobhi岣� pak峁�ibhi岣� kukku峁璦p膩r膩vat膩dibhi岣� ca艣abd膩nmallame峁�amahi峁Ｄ乨ibhi艣ca pr膩峁噄bhiry膩 pa峁嘺p奴rvik膩 办谤墨岣嵞� kriyate tadubhaya峁� yath膩krame峁嘺 dy奴tasam膩hvay膩khya峁� viv膩dapadam/ 惭颈迟腻办峁�a谤腻 ,驰腻箩帽补惫补濒办测补sm峁泃i,2.199

[4]:

parasparasa峁僷ratipatty膩 kitavaparikalpita岣� pa峁噊 gleha ityucyate/鈥� 蝉补产丑腻 kitavaniv膩s膩rth膩 yasy膩styesau sabhika岣�/ kalpit膩k峁Ｄ乨inikhilakr墨岣峯pakara峁嘺stadu- pacitadravyopaj墨v墨蝉补产丑腻辫补迟颈rucyate/ Ibid.

[5]:

glahe 艣atikav峁沝dhestu sabhika岣� 辫补帽肠补办补峁� 艣atam/ g峁沨峁嚹珁膩ddh奴rtakitav膩ditar膩dda艣aka峁� 艣atam// 驰腻箩帽补惫补濒办测补sm峁泃i,2.199

[6]:

sa samyakp膩lito dadyadr膩j帽e 产丑腻驳补峁�/ jitamudgr膩hayejjetre dadyatsatya峁� 惫补肠补岣� k峁�am墨// Ibid.,2.200

[7]:

pr膩pte n峁沺atin膩 bh膩ge prasiddhe dh奴rtama峁囜笉ale/ 箩颈迟补峁� sasabhike sth膩ne d膩payedanyath膩 na tu// Ibid.,2.201

[8]:

dra峁ａ弓膩ro vyavah膩r膩峁嚹佱箖 s膩k峁�i峁嘺艣ca ta eva hi/ Ibid.,2.202

[9]:

r膩j帽膩 sacihn峁� nirv膩sy膩岣� ku峁�膩k峁�opadhidevina岣�// Ibid.

[10]:

诲测奴迟补尘别办补尘耻办丑补峁� 办腻谤测补峁� taskaraj帽膩nak膩ra峁嚹乼/ e峁�a eva vidhirj帽eya岣� pr膩峁噄dy奴te sam膩hvaye// Ibid.,2.203

[11]:

Basu, D.D., Op.cit., page806

[12]:

Kapoor, S.K., Contract-I, pages 195-201

[13]:

Misra, S.N., Indian Penal Code, pages 434-435