Online Casino In India Is Legal

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  1. India is the second-most populous country in the world, as it is home to more than 1.2 billion people in total. That has made it a potentially desirable market for the gambling industry, especially as the nation’s middle class has grown by leaps and bounds in recent decades.
  2. Online Casinos in India. Playing online casino is a new phenomenon which has struck India by storm the last couple of years. As the world of online casinos in India is quite unexplored, a natural response is to compare these online casinos before playing – which is exactly what we are here for. The team behind CasinoWings possess years of experience when it comes to.

Now that you have understood the stance of online betting in India, verify the credibility of the online casino. Keep in mind to read the terms and conditions before investing any capital to stay safe and secure. As gambling is legal in most states, you can go ahead and bet carefully while keeping an eye on your money. Answer (1 of 9): Betting and gambling have a long history in diverse parts of the country. Use of one or the other stuff on the stake in exchange for winning, or double or nothing are the commonly used gambling plots used all around. The prominence of gambling has been modified with the introduct.

Online Gambling laws in India prohibit betting or wagering and any act which is intended to aid or facilitate the same. Gaming/Gambling being a State subject, gambling /gaming laws in India which differ from state to state . This would mean what is permitted in one State may be an offence in another. The Public Gambling Act, 1867, is the central enactment on the subject, which has been adopted by certain states of India like Uttar Pradesh, Punjab, Madhya Pradesh etc. The other States have enacted their own online gambling laws to regulate gaming / gambling in India activities within its territory. It is to be noted that State Legislations have been enacted prior to the advent of virtual / online gambling in India and therefore references of gaming/gambling in India, in respective state legislatures are in relation to physical premises only, barring Sikkim and Nagaland which are the only States who have introduced regulations pertaining the online gaming.

After going through the State for online gaming laws in India, it is found that, except the State of Orissa and Assam, most of the States have excluded ‘games of skill’ from applicability of its respective gaming/gambling laws. Further, playing certain games including ‘Poker’, both online and offline, is permitted under the laws of West Bengal, Nagaland and Sikkim subject to licence from the appropriate State Authorities. But this would be applicable only in the territorial limits of the respective State. In Goa, online gambling in India legal and permitted only in Government permitted places operated as casinos.

In this article we are going to discuss some frequently asked questions like, Is online gambling legal in India, Is color prediction game legal in India ? Let’s discuss about the same,

The issue of online gambling regulations in India still remains a grey area which is yet to be adjudicated by Courts of India that, Is online gaming legal in India. Having said that, necessary inferences can be drawn from orders passed by the Court while deciding the issue of whether a particular game is a ‘game of skill’ or a ‘game of chance’. But the issue of whether a ‘game of chance’, if played like a sport without stakes amounts to gambling or not? still remains largely undecided.

Game of Skill v. Game of Chance:

There has been a substantial discussion by the Supreme Court and High Court on what constitutes a ‘game of skill’ and a ‘game of chance’. What is deduced from the judgments is that a game where there is preponderance of skill over chance is a ‘game of skill’ and vice-versa.

By taking the above ratio into account, SC in the matter of State of AP v. K.Satyanarayana(1968) held the game of Rummy to be a ‘game of skill’. However, the Court in its judgment has indicated that if there is gambling or if the gambling house is making profit from the game of rummy, then it could amount to an offense under the laws of AP. It was further observed by SC that the three card game which goes under different names such as flush, brag, etc. is a game of pure chance. This was relied upon by SC in its other judgments viz. M.J.Sivani v. State of Karnataka (1995) and Dr. K.R. Lakshmanan vs State Of Tamil Nadu And Anr (1996).

The issue of whether rummy if played with stakes amounts to gambling or not has not been decided by the Supreme Court. However, Andhra Pradesh High Court in D. Krishna Kumar And Anr. vs State Of A.P.(2002) (Annexure-2) relying upon the SC decision of 1968 held that till such time the state gambling Act is amended to lay down that playing Rummy with stakes is 'gaming', playing Rummy with stakes is not 'gaming' within the meaning of the Act and is therefore allowed.

Delhi District Court: Gaussian Network Pvt. Ltd. Vs. Monica Lakhanpal

The issue of Online Gaming/gambling laws in India was discussed in detail in the above case when the issue was put up before the Court under Order 36 Rule(1) of CPC by the parties. The Court held the following:

  • Game of skills, if played with stakes does not amount to gambling;

  • Playing games of skill for money is only legal in the real form, online games cannot be compared to real games;

  • Attracting business or enticing players by alluring them with prize money is illegal;

  • Gaming sites partaking a slice on the winning hand are illegal as they amount to a virtual gambling house.

Is it legal to play online casino in india

Having said that, the said ruling was rendered infructuous as during the final arguments in the Revision petition, parties sought to withdraw the petition. So the effect being there is no ruling which can be treated as a precedent as regards online gambling.

Gujarat High Court on Poker:

Online casino in india is legal due

The issue whether Poker is a ‘game of skill’ or a ‘game of chance’ was never discussed in detail by any Court in India until the recent decision/order dated December 4, 2017 passed by Gujrat High Court in Dominance Games Pvt. Ltd. V. State of Gujarat, wherein, the said issue was extensively pondered upon. The Court in its said decision held that Poker is a ‘game of chance’ and therefore amounts to gambling under Gujarat Prevention of Gambling Act, 1887. While arriving at the aforesaid decision, the Court inter alia observed the following:

India

  • That the game of poker originated from ‘flush’ or ‘Indian teenpatti’ which has been observed by SC as a game of chance in its 1968 judgment and consequently, as a corollary, the game of poker is also to be construed as a game of chance;

  • The game of poker involves a process wherein the players have no control or say on the cards received by them and the final outcome is based on mere luck or chance depending upon how the cards are received by the player. Poker face to bet, would be a part of bluffing or deception and the so-called strategy, cannot be considered as a skill. The outcome also depends on the ability of a player to spend money and how deep are his pockets. It is a game of deceiving, bluffing and duping other players;

  • The game of Rummy is different than Poker. While poker involves betting or wagering, rummy has nothing to do with stakes and betting or wagering is not essential to the game of rummy;

  • The Court while noting the ills of gambling and impact of gambling on the moral fibre of society noted that ‘one must not overlook the ground realities in India or the country like India, where the majority of the population is struggling for the basic necessity and there is lack of awareness amongst the people and if they are permitted by betting in the craze of easy money, they do not know what to do if the things go wrong.’

Mr. K.N Suresh, Secretary of Indian Poker Association has filed an appeal against the said order, being Letters Patent Appeal No. 2625 of 2017 before the Division Bench of Gujarat High Court. The bench after hearing the matter briefly on December 28, 2017 issued notice to the state government and other respondents, and till date the matter is not heard finally. Having said that, since no ad-interim/interim reliefs are granted presently, the Single Judge order stands valid and enforceable.

Though the order does not specifically make any observation on Poker, if played as a sport and/or without stakes, however, while differentiating between rummy and poker, the Hon’ble Court at para 60 of the said order makes a presumption that wagering or betting is an inseparable part of the game of poker and therefore would involve stake. The Court while holding Poker to be a ‘game of chance’ has also predominantly relied upon moral, religious and social grounds. In the absence of the said order being overruled and the issue being addressed specifically, the game of poker, even if played as a sport and/or without stakes remains a grey area which is then left at the discretion of police authorities.

POSITION:

Legal

Though the issue of Poker was considered by Gujarat High Court in view of the provisions of Gujarat Prevention of Gambling Act, 1887, in arriving at the decision of Poker being a ‘game of chance’, the court made several observations like how the game is played, origin of the game, reference to ancient Indian literature, moral and religious grounds, etc. which may be applied by other states/state machinery having similar gambling laws. The issue is likely to be clarified by the Division Bench of Gujarat High Court, once the appeal is finally heard.

In view of the above, it is clear that if a game is considered to be a ‘game of chance’ under the state laws and rulings by the Courts and is played with stakes, would constitute gambling under the respective state laws with exception pertaining to a few states as mentioned above. If an entity is able to show that a particular online game or a particular on-ground gaming activity has preponderance of skill over chance and/or is played as a sport without stakes, it may fall within the exception of gaming/gambling under the state gambling laws. It is pertinent to note however that if online gaming is illegal in any State, the promotion of the same in such State would amount to violation of ASCI Code as well as Cable TV Network Regulation Act, 1994.

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Gambling has been a part of many cultures around the world, India being one of them. So it was never a stretch to assume that online gambling would gain popularity as well.

This was proven true when online gambling took the world by storm. 2020 was really the year when plenty of casinos and other gambling operators opened up for their digital doors for Indian players

India has a population of well over a billion people, and so the Indian market is highly interesting for the casinos.

But is online casino legal in India?
What does the public gambling act say about online gambling activities?
Is there a loophole that online casinos use?

The short answer is yes, online gambling in India is legal, as well as online casino. As there is currently no federal law that prohibits or considers it. But there’s more to it, so keep reading!

Table Of Content

Is Online Casino legal in India?

Yet there are no laws that apply to online casinos that operate in India. As we mentioned in the very beginning of the article, there are no federal laws what’s so ever that takes online casinos in India under consideration. Which plain and simple makes them legal in India.

There are several options available for casino games and sites. They all offer Indian rupees and it’s safe to say that not a single Indian has ever been convicted for playing at online casinos.

What’s illegal then and why are some many Indians asking themselves if online casinos in India are legal or not? Simply because land based casinos are illegal in India outside the states of Sikkim and Goa. We are no lawyers, but the loophole is quite clear here. If you feel like gamble online, see some of the best online casinos below.

The Quick Growth of the Online Gambling Market In India

The Indian gambling market worth has been stated to be around in billions of dollars from the period of 2008-2019. With so many new players showing interest for online casino as well as betting, its growth is expected to rise to even more. The global online gambling market is expected to eventually, reach 60 billion US dollars in a few years.

Based on a report published by the Indian Commission, the current Indian market of around $360 million will reach $1 billion by the end of 2021. This is happening, not only in India but across the whole world.

Covid 19 has pushed the growth even further since players who normally play at land-based venues in Sikkim or Goa now seek after online options.

This has also awakened a debate among politicians and fellow Indians, discussing a potential licencing for the online casinos.

Online Gambling Regulations in India?

There is second to none regulations made for online gambling. This, despite the increasing popularity. The legislation that exists is outdated, and there haven’t been any changes made since we even received internet in India!

There are no attempts being made at the legal level to clarify things. The legalities have been discussed in multiple regions to no avail. In addition, gambling laws included at both federal and state-level has left people further confused.

Various state governments at the state level have regulated selective aspects of landbased gambling such as slot machines and casino games. Yet, online casinos have not even been mentioned in any of the gambling acts.

As we know, online casino and betting are different from traditional casinos in Sikkim.

The Indian Gambling Market

The Indian gambling market has been divided into three main parts: online skill-based games, game of chance and a hybrid of those two. Gambling is considered similar to the former skilled-based games in Indian laws and regulations. The topics of gambling and online betting have been included in the subject-matter for the 7th schedule in the constitution.

Web-based gaming requires a license to operate in several states under the guidelines of “Games of Skill”. The guidelines are provided by The Gambling Act of 1867.

Yet no proper instructions are indicating if they are legal or not. Let’s have a closer look at the three parts that are discussed in the public gambling act.

Game of Skill

Games of skill include: Poker, betting, Rummy

Game of Chance

Game of Chance include: Casino and Lottery

Game of Chance & Skill

Game of Chance and skill include: Roulette and Blackjack

How Do I Know Online Casinos in India are Secure?

Now that you know that online gambling and online casino is legal in India, you might want to find out how you can find a casino site that is safe to play in our country? While it’s safe to say that online casinos are usually safe, there are still a few aspects that you need to take under consideration.

  1. The online casino should be licensed and regulated by trustworthy authorities. Preferably by the MGA.
  2. The online casino should be practising ethical functions and have legal casino operations.
  3. Best gambling sites have numerous game options. They offer sports betting and slot machines.
  4. They are verified by a prominent authority and follow given legislation in the country where they have a license.
  5. The online casino offers customer support around the clock in English.
  6. New players are offered welcome bonus packages. Regular players are also offered promotions.
  7. The online casino offers Indian rupees and e wallets for fast deposits and withdrawals.

Legal And Trustworthy Casino & Betting Sites

There are so many offshore online casinos that are fun and legal in India. They offer many kinds of gambling, from card games to slot machines, horse racing and even Teen Patti with real money! So if you’re looking for an online casino or gambling site to play at, that is trustworthy – we’ve done the research for you!

  • LeoVegas: This online gambling site is from a Swedish company and offers online casino and sports betting services such as slots, horse racing, jackpot games and much more. Always mentioned among the best online gaming platforms.
  • Betway: Betway is an online gambling site operated by a global company. They offer several sports and casino games through their subsidiaries such as Betway Casino, Betway Sportsbook, Betway Poker and Betway Bingo.
  • Royal Panda: This online casino caters to those looking for a fun and safe online gambling experience. They aim to make all the players feel special. It is one of the easiest platforms to use for Indian players.
  • Pure casino: A legal casino site has been made specifically for Indian players. Although it is completely Indian, the casino operates from Malta which is according to the law.

Final Say

If somebody ever told you online gambling is illegal, tell them that they are wrong. While every market that is not regulated is considered to be a grey area, online gambling in India was never mentioned in the gambling act of 1867, and so it cannot be considered illegal until the states themselves ban online gaming.

The only exception (there are always exceptions) is the states of Andhra Pradesh and Telangana, that actually banned online gambling in India. So if you’re currently a resident of those states, I’m sorry but you cannot gamble online in India.

I hope that this article had all the answers to your questions around the topic. If so, feel free to scroll among related posts or find a online casino that is not only legal but also extremely fun to play at in our list.

Always gamble responsibly and with funds that you can afford to lose.

Last updated January 15th, 2021