YES! There are no specific laws in India that prohibit online gambling. Although the Public Gambling Act of 1867 deems running a public gambling house in India illegal, this outdated act has not been amended to bring online gambling under its ambit. As such, online gambling lies in a grey zone in terms of legality.
LIST OF LEGAL ONLINE CASINOS IN INDIA
Toplist legal online casinos
| Rank | Casino | Bonus |
|---|
So, Is It Safe to Gamble Online?
We are here to ensure that you enjoy online gambling in a safe and fair environment.
All the online gambling sites mentioned on our website have been rigorously examined, and our aim is to let you enjoy the thrill of betting in a legal manner.
As mentioned, in the absence of clear laws, there is some degree of ambiguity regarding the legal status of gambling. However, in practical terms, players belonging to any part of India excluding Maharashtra, can safely register on offshore sites and place bets online.
Gambling in India
Let us examine what constitutes gambling in India and the acts associated with it. We will discuss individual games like horse racing, poker, and lotteries.
Finally, we will also take into consideration how the income generated from gambling sites is received and taxed.
Chance VS Skill
In order to judge the legality of a game, Indian law makes a distinction between “games of chance” and “games of skill“. Gambling is a “game of chance”, because the element of chance is greater than the element of skill. The Public Gambling Act of 1867 deems all such games of chance illegal.
However, “games of skill” are excluded under the aforementioned act; so, any activity in which the element of skill predominates over the element of chance is considered legal. What does and does not involve skill is debatable, and therefore, Indian law chooses to make such decisions “on the facts and circumstances of each case” (Manoranjitham Manamyil Mandram v State of Tamil Nadu, AIR 2005 MAD 261).
So, for example, in 1968, the Supreme Court of India held that Rummy is a game of skill and therefore outside the purview of gambling law:
“The game of Rummy is not a game entirely of chance…It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge.” (State of Andhra Pradesh v K. Satyanarayana and Ors)
This is why Rummy is absolutely legal in India. Similarly, fantasy sports like Dream11 are also legal because they require players to use analytical skills and experience in making team selections.
LEGAL DISCLAIMER
Onlinecasino-India is a free public resource site, and is not affiliated with the Indian government or any Government agency. This content was created by studying different laws regarding gambling in India and getting legal advice from lawyers.
The Public Gambling ACT 1867
The Public Gambling Act 1867, is a central law that prohibits running a public gambling house as well as visiting one. Most states in India have adopted the central act and prohibited all kinds of gambling and betting.
But Indian state governments have the authority to make state-specific laws to regulate gambling. This power has been exercised by the following states:
- Goa and Daman: The Goa, Daman, and Diu Public Gambling Act 1976, allows casinos to operate within both the states. The casinos require the permission of the government and can be set up only in five-star hotels or offshore vessels. Goa is the number one choice of vacation for youngsters, and its casinos generate over Rs 100cr in revenue.
- Nagaland: Through the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016, the state government is issuing an online skill games license. The licensees will be legally allowed to host online games that require skill (over chance), even if they involve wagers or bets. Another north northeastern, Sikkim, had planned to offer online gambling licenses in 2010, but this decision was not followed through.
- Maharashtra: Betting on horse races is the only legalized form of gambling in Maharashtra. The Bombay Wager Act even prohibits online gambling. However, this law is also ambiguous, since it only prohibits bookmakers based in India. Indian players can still register with offshore betting agencies, so the Maharashtra state government has not blocked access to their websites.
Online Gambling and its Legality in India
Cyber activities in India are regulated by the Information Technology Act 2000. This act, however, does not mention the word gambling or betting. Therefore, we are only left with the outdated Public Gambling Act.
As mentioned earlier, The Public Gambling Act was enacted in the 19th century and has not been amended in recent times to take online gambling into consideration. Therefore, currently, there is no central law in India that prohibits online gambling.
A few states have made state-specific laws, but even they do not restrict dealings with international bookmakers. As such, we can say that online gambling is legal in India when done through offshore agencies.
Is Betting Legal in India?
Legally illegal, but you can bet online in India using online betting sites.
If there is one thing that truly unites the diverse people of India, it is cricket.
Betting on Cricket
Like all forms of gambling, betting on cricket games in a public gambling house is illegal in India. However, as we have been discussing so far, betting on cricket games online is under a grey area of legality.
Online betting websites allow players to bet on every single aspect of the game, from a dropped catch by some player to runout in particular over. As IPL takes India by storm each year, fantasy sports like Dream11 and betting websites thrive all over the country, with the best players actively promoting various platforms.
Betting on Horse Races
In 1996, the Supreme Court of India ruled that betting on horse races is not a ‘game of chance’ as it requires evaluative skills and factors such as the jockey’s management.
So, betting on horses at any of the nine racecourses in India is legal. Online websites also allow players to make bets for international events such as America’s Kentucky Derby, Japan Cup, etc.
Is Online Casino Legal in India
Just like all other online gambling activities, there are no clear laws for online casino and online poker. Although public casinos are legally allowed to operate only in the states of Goa, Daman and Sikkim, online casinos remain in an ambiguous legal territory until the Public Gambling Act, 1867 is amended. Below are a few mentioned casino games and its types.
| Casino games | Description |
|---|---|
| Table Games | Includes games that are played against the casino and operated by live croupiers. E.g. blackjack, craps, roulettes and baccarat. |
| Gaming Machines | These do not require the involvement of casino employee and are played by one player at a time. E.g. Slot machine, pachinko |
| Random Number Ticket Games | Includes games that are based upon the selection of random numbers and can be played at a table or through the purchase of paper tickets or cards. E.g. keno, bingo |
Is Poker Legal in India?
As mentioned earlier, all games of skill are exempted under the Public Gambling Act. In recent times, two High Court judgments have significantly helped in giving poker a legal status.
In 2013, the High Court of Karnataka adjudicated that poker, if played as a game of skill, is legal and does not require a license; the police cannot interfere in such games.
Similarly, the Calcutta High Court declared that because poker is not specifically mentioned in the West Bengal Gambling and Prize Competitions Act, 1957, the police should not enter rooms where such games are being organized unless there is a specific complaint.
For online poker, as for all other online gambling activities, there are no specific laws that prohibit it. Considering all of this, especially the decisions of the two High Courts, we can considerably say that playing online poker is legal.
| Poker games | Description |
|---|---|
| Texas Hold’Em | The most popular form of poker. Two cards, called hole cards, are dealt face-down to each player. Then five community cards are dealt face-up in 3 stages. |
| Omaha Hi | This is another popular form of Poker. It is quite similar to hold ’em, but instead of two, there are three hole cards. |
| Seven-Card Stud | A variant of stud poker, it used to be the most popular form of poker before hold ‘em took over. Each player receives their own individual hand, some cards face-up, some face-down. |
Lottery and its Legality in India
In India, lottery is legal in 13 states: Kerala, Goa, Maharashtra, Madhya Pradesh, Punjab, West Bengal, Assam, Arunachal Pradesh, Meghalaya, Manipur, Sikkim, Nagaland and Mizoram.
Lottery, despite being a large source of revenue for the government, is banned in half of the country because of the ruinous impact it can have on vulnerable groups, especially young people.
The legal status of online lottery is, again, ambiguous because of the lack of clear laws. International lottery agencies like Lottoland of UK are able to freely sell tickets to Indian residents, because there are currently no laws on online gambling. Therefore, playing online lottery through offshore sites is legal in India.
The Future of Gambling in India
There have been many debates about the legal status of gambling in India. Many argue that it should remain prohibited because in a developing country like India, where the majority of the population is poor, gambling will be done irresponsibly and it can financially ruin families.
On the other hand, many suggest that banning gambling is no solution at all, as gambling continues to happen illegally.
Rather, it is better to set up a regulatory framework that will create employment and generate revenue from licenses as well as taxes on winnings. Proper regulations will take illegal gambling out of mafia’s grip and bring it under the law’s purview.
Even the former chief executive of ICC, Ehsan Mani, was in favor of legalizing betting in sports. He argued that the illegal funds profited through underground bookies are used to fund drugs and terrorism.
Considering the rapidly growing online gambling industry in India, lawmakers need to enact a well-defined law that takes this industry into consideration.
Many professionals and forums have urged the government to introduce legal but regulated gambling in India. This will protect vulnerable people from unwise betting, provide a fairer environment, and most importantly, it will help in avoiding crimes like match-fixing.
Until clear laws are enacted, online gambling remains in a grey area of legality.
However, in practical terms, we can say that online gambling is considered safe because no specific law prohibits it.