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Home Gaming

What is the legal situation of Online Gambling in India?

by Techstory
February 16, 2022
in Gaming
Reading Time: 3 mins read
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What is the legal situation of Online Gambling in India?
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Gambling is a part of Indian traditions; people play it on auspicious occasions with their families. Furthermore, India has a large population that frequently gambles. As a result, the country’s annual gambling turnover is tens of millions. People bet in the land-based casinos and at homes with their families. In addition, people also gamble online. However, the common question is whether online gambling games are legal in India.

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The constitution does not define gambling laws very well. In 1867, the central government introduced the Public Gaming act that prohibited betting on games of chance. These include Slots and Roulette. However, as betting on horse racing was a game of skill, the law did not restrict it. Since then, the gambling laws have changed little, and as online gambling was not around in 1867, the act doesn’t forbid it. And various international casinos take advantage of this loophole. You can always find an online casino if you wish to gamble.

What is Public Gaming Act 1867?

The Central Government passed the Public Gaming Act prohibiting owning a public gambling house. If you break the law, you may have to pay 200 INR as a fine or accept imprisonment for up to 3 months. This act also prohibits you from visiting any such houses. Breaking this law will need you to pay 100 INR or accept imprisonment for up to one month.

Even though the Central Government passed the Act, the laws regarding gambling depend on the state. Most states have accepted the Public Gaming Act and banned land-based casinos. But, four states have legalized and regulated gambling. These states are Goa, Daman, Sikkim, and Nagaland. However, they also have not allowed or restricted online gambling. Only Telangana, Maharashtra, and Andhra Pradesh have prohibited online gambling.

Even though online gambling is in a grey area in most states, online casinos must not be in India. That is because of the prohibition of land-based casinos. As a result, they must be offshore. And they must accept Indian currency.

If you want to gamble online, you must ensure the following things. The online casino:

  1. Must be offshore: Most states do not allow land-based gambling on games-of-luck. The online casinos must be outside India.
  2. Accepts payments in Indian currency
  3. Should follow ethical practices
  4. Must have verification by a local authority
  5. Must offer a wide variety of games
  6. Provides promotional offers

What are games-of-skill and games-of-chance?

As you read above, the public gaming act prohibits betting on games-of-chance, not games-of-skill.

Games-of-chance: These are the gambling games that have an outcome that a player can not influence. It purely depends on luck. For example, the slot is a game-of-chance; you can only pull the lever. The results depend on luck. Another example is roulette, where you cannot control when the wheel stops or the ball lands on which color or number.

Games-of-skill: In these games, you can influence the outcomes. People usually play these games against other gamblers instead of against the house. Thus, you won’t have to deal with the advantage of the casino over the players. One such example is Poker. In poker, you can read people, calculate probabilities, and bet in a way to influence other people. These things make it a game-of-skill.

Is the Indian online gambling market growing?

Authorities have estimated that the value of the Indian online gambling market is in the millions. A maximum number of people are getting interested in gambling every day. As a result, the industry will grow even further. In a few years, the gambling market in the world will reach 60 billion USD. In addition, because of COVID-19, the market has grown exponentially; people could no longer visit land-based casinos.

Conclusion

Online gambling games are definitely in a grey area in India. This means they are neither illegal nor allowed. Many offshore online casinos know this and provide services to Indians. They also accept Indian rupees as payments. However, the legality also depends on the state laws. While most states have not made their stand clear, Telangana, Andhra Pradesh, and Gujarat have banned online gambling. Nevertheless, every day, new people register in online casinos. With the rise in popularity, you can hope that the laws regarding online gambling in India will be coherent in the future.

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