With the world trying to shift its paradigm on the years-long debate over online gaming and gambling, Indian laws are also evolving to put a halt on the questions of morality and ethics.

Gambling is a state subject, and only states in India are entitled to formulate laws for gambling activities within their respective states. The Public Gambling Act of 1867 is a central law that prohibits running or being in charge of a public gambling house. The penalty for breaking this law is a fine of ₹ 200 or imprisonment of up to 3 months. Online Gaming in India The Indian online gaming market currently stands at USD 290 million which is further poised to grow to USD one billion by next year despite the current circumstances. The steady rise in consumption volumes, the local development and monetisation etc. Is expected to catch up at an exponential rate and grow beyond precedent. There are several gambling laws in India. First off, you have the country laws which are in effect throughout India. Then, you have the state laws, which differ greatly from state to state. Laws also differ depending on if you are looking at land-based casinos or online casinos, or if you are looking at games of chance or games of skill. In India, the online gaming law is at a very nascent stage and is being administered by the available, if any, local laws. The online gaming involving stakes is neither per se prohibited in India, nor are regarded as gambling activities. The presence of numerous online games including poker bears testimony to this fact. Online gaming with stakes or real money is allowed in most of the states of India. Therefore, unless specifically prohibited by the state government, it is not prohibited. Online games with stakes/ real money cannot be played in whole of India as the laws of the states of Assam, Odisha and southern State of Telangana specifically prohibit.

Game vs. Gamble:

There are no specific laws dedicated to online gaming, online fantasy sports, online poker, etc. in India which makes it difficult for the gaming enthusiasts to indulge into the uncertain world of online gaming. The Supreme Court rejected a petition related to the legality of online poker, online rummy and online card games in India.

Supreme Court accepts lottery and horse racing as legal, but the laws regarding other games are still hazy.

Virtual Stakes:

The advent of the internet has expanded the horizons of the gaming industry, but in the absence of appropriate regulations, online gaming in India in many states is controlled by the available gaming and gambling legislation. Only a few states have answered the quandary of online gaming laws.

• The state of Sikkim has regulations applicable to the online gaming is the gaming is the Sikkim Online Gaming (Regulation) Act, 2008 & Rules, 2009 which allow certain games to be played within the boundaries of the state.
• Newly formed State of Telangana would be framing laws based on their ordinance where they plan to ban all sort of online betting and betting.
• The north-eastern State of Nagaland permits online gaming involving stakes by mandating the requirement of a license for the same through the Nagaland Prohibition of Gambling and promotion of Online Games of Skill Act, 2016 and Rules, 2016.

While some states have maintained an unambiguous stance over playing online games on their premises, others have strictly prohibited betting in any form within their boundaries:

Online Gaming Companies In India

• The State of Assam has forbidden online gaming under Assam Game and Betting Act, 1970.
• The eastern state of Odisha also bans online gaming under implementation of the Orissa (Prevention of) Gambling Act, 1955.

The Law and the legality:

Although the game of skill is not considered as gambling, the district court of Delhi observed that when skill-based games are played for money in virtual space, the same would be regarded as illegal as the degree of manipulations increase in the virtual area.

Central legislation must uniformly distinguish and regulate the online game of skill and gaming on the online platform.

There persists the requirement of Central legislation to uniformly distinguish and regulate the online game of skill from gambling on the online platform.

The general consensus by millions of Indians is that gambling is banned throughout the country. If you ask them to share information about the gambling laws and regulations in India, they will not be in a position to do so because a lot of them don’t know where to find information relating to gambling laws and regulations.

Some of them know where to look but find it too time-consuming and confusing to read legal jargon and interpret what it means for them. Thus they are content to accept the general consensus that gambling is banned in India and any form of gambling that takes place is illegal gambling.

BettingGuru wanted to bring more light to gambling laws and regulations in India, so our team of experts has researched and studied Indian gambling laws and simplified them into modern day language that makes it easy for everybody to understand them clearly.

Current State Of Gambling Legislation in India

The current state of gambling legislation in India is archaic to say the least. Gambling legislation is outdated in India and is in urgent need of an overhaul. The reason most Indians believe that gambling is illegal in India is because you will not find any casinos or gambling houses in the country with the exception of three states.

Goa, Sikkim and Daman are the three states in India to have a legalized casino industry. Sikkim and Daman are very small states and the average Indian on the street may not even list them as states.

Goa on the other hand is one of the most popular states in India and has a thriving land based and offshore casino industry. However, the state government is Goa has been under pressure for the last few years to shut down the gambling industry and recently yielded to some of that pressure by not allowing locals to enter these casinos from Feb 2020.

The Indian gambling industry is governed by The Public Gambling Act of 1867 and pro-gambling groups are pushing for legislators to change this law. The Information Technology Act 2000 regulates online websites in India but does not specifically use the word gambling or betting in its list of prohibited sites.

The Public Gambling Act of 1867

The Public Gambling Act of 1867 prevents casinos and gambling houses from operating in India. If a company or a business if found violating this law, they will be subject to a fine of ₹200 or go to prison for a period of 3 months.

The law is also applicable to players who visit these illegal gambling establishments. If they are found inside these illegal establishments, they will be subject to a fine of ₹100 or face prison for a period of 1 month.

Gambling advocates have tried for years to get the central government to review the Public Gambling Act of 1867 and amend it so that it is appropriate for the times that we now live in. However, legislators have been reluctant to review this gambling act and make changes for a number of reasons.

The most sensitive reason for not meddling with the Public Gambling Act of 1867 is because gambling is considered taboo in India and offensive to multiple religions. Since India is a very religious nation, the ruling party wants to make sure that it does not offend the religious feelings of millions of Indians as it could end up hurting their vote bank.

Some of the other reasons for sticking with the Public Gambling Act of 1867 include considering gambling a social evil and forbidding players to engage with games of chance.

Games of Skill vs. Games of Chance

The Public Gambling Act of 1867 prohibits games of chance from taking place because games of chance are based on luck. Games of skill, on the other hand, are allowed as these are based on the mental faculties and physical abilities of the players involved.

So a game of cricket can take place in front of thousands of cricket fans and be broadcasted to millions at home because it is ruled a game of skill. A game of rummy or poker on the other hand cannot be played for money as the law considers card games as games of chance i.e. based purely on luck.

During the last few years, there has been a special push by a number of groups like the National Indian Gaming Association (NIGA) to educate legislators on the differences between games of skill and games of chance. The game of poker has been used as an example to prove that it is a mind sport just like the game of chess.

While the campaign to push for certain games like poker to be reclassified as a game of skill has gained momentum, it has not brought about any results. Legislators are more open to the possibility today but are hesitant to pull the trigger and legalize gambling due to a potential backlash.

Gaming Industry In India

State Legislation

While the Public Gambling Act of 1867 governs gambling throughout the country, each state has the authority to form their own legislation and legalize gambling. This is why Goa, Daman and Sikkim have a legalized gambling market.

There are a number of states including Mumbai and Kerala who are considering legalize gambling in their respective states. State governments have realized that legalizing gambling would create a very lucrative industry as it would generate employment opportunities, bring in huge financial investment, increase tourism numbers and provide a steady stream of gambling taxes for the state coffers.

Nagaland, a small state in the north-east of India decided that it would pass a new law that would allow online games to be legalized. Bettors are allowed to place bets on online casino games as long as they fall under the category of games of skills. The Nagaland Prohibition of Gaming and Promotion and Regulation of Online Games of Skill Act, 2016 (Gaming Act) updated the terms and conditions for games of skill and games of chance – thereby opening a new stream of revenue in the state.

For land based or online gambling to spread throughout India, it will require one of the four big states to make a decision and pave the way for the rest of India. Maharashtra, Karnataka, Tamil Nadu and Delhi have toyed with the idea but have put it on the back burner for now.

Online Gambling

Since land based gambling is banned throughout India with a few exceptions, most Indians automatically assume that online gambling is also banned. This is not true and in effect, the online gambling industry in India is growing at a rapid pace with every passing year. There are a number of offshore iGaming operators who have entered the Indian market and are offering a variety of online betting services which include online casino games, lottery games, sports betting, e-sports, daily fantasy sports and live dealer casino games.

The key point is, that it is not illegal to register and place bets at these online gaming websites as long as they are not based in India. Just remember that there are a lot of good online casinos out there but there are a lot of bad casinos out there as well. By bad, we mean unscrupulous casinos that prey on players and take advantage of them.

BettingGuru has a great list of online casino websites that are safe for Indian players. Our team has reviewed these sites and use strict selection criteria to ensure that we offer safe and secure online casino recommendations to our Indian players.

The Information Technology Act, 2000

The Information Technology Act 2000 is a central act that governs all online activities in India. The Act does not specifically use the word gambling or betting and hence a number of iGaming providers have entered the market due to the language used in the Act. The language allows both pro-gambling and anti-gambling groups to interpret this law based on their own assumptions.

The Supreme Court was approached to make a decision and bring clarity to the language used in the ACT but the Court decided to pass on the matter. So the decision is now left to individual states to determine whether they want to allow online casino games and betting or not.

The state of Maharashtra took the decision to pass its own gambling legislation to clear things up. The “Bombay Wager Act” was passed and it specifically stated that online gambling is an offense in the state.

If a company is caught offering online gambling services in India, they will slapped with a fine of 90,000 rupees. This rule has been in place since 2009.

Offshore Gaming Sites Flourishing

There are a number of reputed and licensed online gambling sites currently catering to the Indian market. BettingGuru features the best of these online casino sites as they are legal and safe for Indian bettors to play at. This is because we list only offshore casino sites as they are not based in India. We look for offshore casinos and sportsbooks that are licensed by reputed regulators like the UK Gambling Commission and the Malta Gaming Authority.

You will not find any online casinos or sportsbooks licensed by an Indian gaming regulator as none exists. If you find a site claiming to be licensed by an Indian gaming regulator, you need to be careful as it is a false claim.

BettingGuru’s list of recommend online casinos allows Indian bettors to make their deposits and withdrawals in Indian rupees (INR) in keeping with the Foreign Exchange Management Act 1999. This ensures that players do not violate any laws either on the gaming front or the foreign currency front.

The Legal Status For Games Like Poker And Rummy

Online Gambling Laws In India

Since each individual state has the option to legalize or ban land based and online gambling, there is some confusion as to what games are allowed and which states allow them. Some of the common questions of Indian players include: is rummy legal in India, is cricket betting legal in India, is poker legal in India, is sports betting legal in India and are online casino games legal in India.

We decided to put together a quick overview to help you understand what games you can play and in which states you can play them:

• Casino games are allowed in Goa, Daman, Sikkim
• Poker is permitted in Karnataka, West Bengal, Nagaland
• Fantasy sports betting is permitted in most states as they are viewed as games of skill
• Lottery is banned in most states but a few states have a state wide lottery such as Sikkim. Punjab has a licensed online lottery.

Online casino games and online sports betting are permitted as long as players are betting at offshore casinos who allow players to deposit and withdraw funds in Indian rupees.

Frequently Asked Questions

Is Online Gaming Legal In India

• The Information Technology Act 2000 does not have the words gambling or betting included when it comes to prohibiting internet activities. Hence, offshore casinos have used this ambiguous language to launch online casino and sports betting services for the Indian market. Players who bet at these offshore casinos are not breaking the law or committing a crime.

• There is a huge push at state level and central level to get legislators to rethink archaic laws such as the Public Gambling Act of 1867 and the Information Technology Act 2000. Gambling advocates are pushing for both land based and online gambling to be legalized. The latest push came from MP Shashi Tharoor in 2018 when he introduced the Sports (Online Gaming & Prevention of Fraud) Bill, 2018 to the Lok Sabha.

• You do not need to pay any taxes to the online casino or sportsbook. However, you will have to pay taxes on your income and it will be up to you to declare and file your taxes accordingly. Do note that some payment providers like PayPal will be without a GST fee when doing your transfer.

• Gambling for money is prohibited in India and the few states that permit gambling allow the activity to be done only at licensed premises. So technically you should not play a real money poker game in India. However, a lot of families play poker and bingo for small stakes to pass their time and do not get in trouble with the law. If you start hosting regular real money poker games and inviting people apart from the members who reside in your house, you could end up getting in trouble with the law.

• This will depend upon the terms and conditions followed by each sportsbook. There are limits in place as some sites have reported suspicious activity when large sums of cash where bet on certain cricket games. They found that bookies in India were placing bets on behalf of hundreds of bettors from one account. The minimum amount can be from 100 to 500 rupees while the max amount can go up to 50,000 to 100,000 rupees.