When Home Minister Salahuddin Ahmed announced the launch of a nationwide coordinated drive against drugs and gambling in April, two uncomfortable yet necessary questions arose: is conducting crackdowns enough to combat the existing practice of online and offline gambling? And does Bangladesh have strong enough legislation to deter gambling or betting activities entirely? These questions point to a concerning gap between the existing legal framework and the ongoing malpractice of gambling in Bangladesh.
Going back to 1867, Bangladesh’s first anti-gambling laws were introduced by the British regime and were named The Public Gambling Act, 1867. This law criminalised gambling but focused mostly on physical spaces rather than remote or private gambling. Needless to say, the 1867 act had no reasonable grounds to insert provisions addressing online gambling as the internet did not exist during that time. In later days, the British regime amended the act and introduced section 11A—an exemption clause, making an exception for “games of skill.” However, what exactly “games of skill” comprised of wasn’t mentioned in the act, creating ambiguity and conceptual confusion.
Even today, there is no legislation entirely designated to address gambling. Nevertheless, section 20 of the Cyber Security Act, 2026 explicitly penalises the creation, operation, promotion, and advertisement of online gambling with imprisonment for up to two years, or a fine of up to Tk 1 crore, or both. However, despite the enactment of the anti-gambling provision, there remains a significant difference between its existence on paper and its enforcement in reality.
Countless people across the country use different gambling apps and websites which are licensed by foreign owners. However, they try to replicate a setting that feels local, with the use of language, cultural references, and a simple payment gateway. The problem is that most of these platforms fall under offshore jurisdiction, so local law enforcement agencies cannot directly shut them down. Furthermore, even if the government blocks these platforms, there are many alternatives available which can be used to access them anyway. Another problem is that many Bangladeshi celebrities, such as athletes and actors, participate openly in the promotion of betting platforms.
In addition to this, gambling falls within the purview of a wagering contract. This is despite section 30 of the Contract Act, 1872 declaring wagering contracts to be void ab initio, meaning that any such contract will be considered as a contract that never existed in the eyes of the law. Section 30 further adds an exception for horse racing: a subscription or a contribution of Tk 500 or more towards a prize for the winner of the horse race is valid and not unlawful. Essentially, private betting on horse races is still unlawful and punishable under section 294A of the Penal Code, 1860; but the funds collected by the racecourse authority are still valid and not considered void. This is an outdated provision linked to the colonial contexts within which the law was framed. But at present, the provision is obsolete and inadequate for addressing the digital gambling problem. It is clear that section 30 requires a major reconstruction and the law itself needs the addition of relevant provisions in regards to contemporary betting and wagering contracts.
The Public Gambling Act, 1867 also exists in India but has been upgraded from its colonial framework through judicial interpretations. Indian Supreme Court decisions regarding gambling began with the State of Bombay v. R.M.D Chamarbaugwala (1957) case. Later on, many other cases, such as the State of Andhra Pradesh v. K Satyanarayana, differentiated between “games of mere skill” and “games of chance.” This dominant factor test determines if the game requires skill or mere chance to determine a win, and depending on the answer, it is decided whether the activity can be considered gambling or not. India is not only relying on raids but also proposing digital infrastructure control, which includes blocking payment gateways, websites, apps, etc. Last year, India also introduced the Promotion and Regulation of Online Gaming Act, 2025, which addresses many lacunae in relation to gambling laws.
Mere raids are not enough to address gambling in Bangladesh. Gambling is a serious issue that requires immediate attention; otherwise, it has the potential to disrupt the overall stability of the country. In fact, Article 18(2) of the Constitution of Bangladesh provides a clear constitutional obligation to adopt effective measures to prevent gambling, thereby framing its regulation not just as a policy reference but as a constitutional mandate. Such a mandate includes both statutory and administrative interventions, which should be well-articulated and effectively introduced to ensure that the constitutional obligation of gambling prevention is meaningfully realised.
Pinak Sarkar is lecturer in the Department of Law at International Standard University.
Mayesha Afiya Jarin is lecturer in the Department of Law at International Standard University.
Views expressed in this article are the author's own.
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