When it comes to legal grounds, we will need to turn through the laws that dictate them. Online gambling, land-based gambling, Games of chance and skills are governed differently under few states. A majority of states are governed under the Gaming Enactments definition, hence regulated or prohibited respectively. While there are few who regulate under the license provided within the state.
So, here some of the gambling option you can enjoy in different states.
Land-based Casino betting
Falling under many Gaming Enactments, Casino is considered gambling and prohibited in all states.
- Goa, Daman and Diu: Slots/ Arcade games are available in offshore hotel, regulating under the license of Goa, Daman and Diu.
- Sikkim: State of Sikkim Act covers, land-based casino games, such as: Roulette, Casino brag, Blackjack in five-star hotels. The act also covers the legal grounds for online casino gambling as well.
Poker falls under the game of skill classification. So, Poker is permitted on all states under the exemption of Games of skill besides Gujarat. According state of Gujarat, Poker falls under the game of luck, so is considered gambling under Gaming Enactments. Although an appeal had been made for reconsideration in High court, due process.
Depending on states this may fall under Lottery in some state, in which case playing Bingo is permitted. Under State of Sikkim Act, Bingo is permitted and regulated adhering to strict laws.
However, some state strongly disagrees and categorize a game of chance, thus banned. In some state like: Gujarat, Andhra Pradesh, Karnataka, etc. strongly advise otherwise in terms of lotteries.
Under State of Sikkim Act, Sports betting is permitted in the state. While, in other states, you can get prosecuted through sports betting. Sports betting is Prohibited under the Gaming Enactments.
Fantasy Betting is considered a game of skills by many states’ High courts such as: Punjab, Haryana, Bombay, Rajasthan, and Nagaland. Under proper licensing, Fantasy Betting is permitted by the law.
Online Gambling in India
Online Gambling laws in India are not clear and precise. As we discussed above, not only land-based casino gambling but betting on games governs under a proper law. Furthermore, betting laws in India differ from state to state. These laws were made long before online casino existed, in 19th century. Which clearly explains the lack of mention of online gambling.
Game of Luck and Skill
- Casino Betting or any sorts or of Gambling in Game of chance/ Luck is illegal.
- Whereas, Games of skill, like Rummy, Gin are legal in many states.
Information Technology Act, 2000
The Information Technology Act 2000 in India regulates every cyber acts. The IT act forbids any obscene content. However, there is no mention of online gambling restrictions or regulation around it.
In certain states like Maharashtra, the Bombay Wager Act forbids any sort of online betting. Moreover, gambling of any sorts online or land-based is banned in Telangana and Andhra Pradesh.
There are no other restrictions related to betting online is in the remaining states. Hence the loophole allows, punters to wager through online casino, that works under Malta and Curacao Gaming license. Due to the popularity, the offshore casinos accept the Indian currency and provide payment solutions as well.
Summary of the online and land-based betting in India
Even the Information Technology Act, 2000 which regulates every cyber act has no mention of online gambling restriction. So, here are a few things you need to know about the online betting law;
- Gambling laws in India were made in 19th century.
- Game of chance and luck prohibited in India under Gaming Enactments.
- Game of Skill is permitted falling under Exemption for the Games of Skill.
- No restriction in gambling on foreign online casinos
- Land-based gambling is restricted in India
- Online gambling in any land-based casinos in India is not allowed
- No specific laws prohibit, online gambling outside India.
So, is Online Gambling in India Legal? Presumably, YES, given there are no particular set of law regulating or prohibiting them. The laws are outdated, yet no changes are made hence online gambling is not restricted besides the state mentioned above.
Will I get arrested through online gambling in India? This is very unlikely to happen, as there are no specific laws or violation to base the charge or arrest. Online Gambling laws are undecided, and it will nothing less than impossible to make a case.
Is it Legal to withdraw winnings made through online gambling? The time may soon come, that you might be charged certain regulation charge in your winnings. But till then, your winnings are legal to withdraw and yours to keep.