Legal Gambling In India Online

• Legal Gambling In India Online India
• Online Gambling Is Legal In India Or Not
• Online Gambling Legal In India
• Online Legal Gambling Sites In India

Trusted And Reliable Casino Information For Indian Players

India is one of the most populated countries in the world with over 1.3 billion inhabitants. With such a dense population, it is no surprise that Legal Indian online casinos have become a highly trafficked market in the country.

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. The most comprehensive guide to online betting in India We have created this website in order to help you get started with legal and profitable online betting in India. We will provide you with step-by-step guides about everything from choosing the right bookmaker to setting up an account, to becoming a profitable player. LEGAL POSITION OF ONLINE GAMING/GAMBLING IN INDIA Online Gaming/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, gaming/gambling in India have laws which differ from state to state.

Our website helps players in India access valuable information surrounding the nation's gambling industry, including its legal status, the types of casino games available to players, additional online casino features and more.

This guide provides a comprehensive wealth of information that is accurate and up to date. There is also a supplementary FAQ section with additional information about playing real money casino games on the Internet as well as information about other legal forms of online gambling available to Indian players.

Are Online Casinos Legal In India?

Yes and no. This question is somewhat complex given the standing federal laws—not to mention individual state laws. For a basic answer, Indian residents have numerous options for online casino gambling via Indian-based and licensed offshore online casinos.

Answer: Yes, online betting is legal in India. There are no federal laws against online betting in India. Each state may decide if they want to impose laws on online betting. And so far, only a few states in India have made laws against online betting. Gambling Laws in India. The world is swiftly moving towards a more liberal viewpoint towards games of ‘skill’; Indian gambling and online gaming laws are either archaic or non-existent. The current government hasn’t put forth any dedicated gambling laws in India, and this century has hardly seen any techno-leg.

The latter is probably the safer option and has more games and features available to players. Millions of local Indian players enjoy online gambling without fear of prosecution. You can find more detailed information on the laws in the next section.

Top Online Casinos Accepting Indian Players

Only The Most Trusted Legitimate Casinos Listed

Due to Indian gambling laws (detailed in the next section), most gambling is conducted through licensed offshore websites. Our team of online gambling experts has put together a list of the top-rated online casino sites accepting Indian residents. These offshore operators feature casino games, poker, and sports betting. Players have access to a wide game selection, bonus promotions, live betting capabilities and reliable customer support. We only recommend trusted online casinos that are legally licensed to accept Indian players.

Laws Applying To Online Gambling In India

In India, there are 3 major federal laws that loosely apply to online gambling. These laws include the Public Gambling Act of 1867, Prize Competition Act (1955) and the Information Technology Act of 2000. As you can probably tell, these laws are quite outdated.

It is a much-debated topic as to whether these laws can even enforce online gambling, as none of them specifically mention online gambling. Our team of online gambling experts has compiled explanations of each law below. Take a look for yourself on how these 3 laws apply to online casino gambling in India.

Public Gambling Act of 1867

It is interesting that law over 150 years old is still the legal precedent in a nation as large as India, especially given the advancements in technology. However, this is the case with the Public Gambling Act of 1867. This law made it illegal to host a gambling venue or to visit one. The vague language defines gaming as playing with dice, cards and other instruments of gaming. This, of course, applies to playing for any sort of wager or stake. Seeing as this law predates the Internet by over 100 years, it is no surprise that debate has sprung up regarding the applicability to online gambling.

An amendment in 1976 replaced the phrase “house, walled enclosure, room or place” with “house, room, tent, enclosure, space, vehicle, vessel or place”. A further debate arose on whether a website counts as a “vehicle, vessel or place”. The lack of a clear definition on gambling also blurs the reach of this law. The closest the law gets to a definition is by making a distinction between games of luck over games of skill, where the former game type is eligible for penalization under the law.

Prize Competition Act (1955)

The Prize Competition Act was passed in 1955 and serves as a specific type of gambling law—only pertaining to gaming in which a prize is awarded. The act bans competitions in which the prize exceeds 1,000 rupees a month. While some have attempted to apply this law to online gambling, the language of the original law defines a prize competition as a puzzle-based game in which the outcome is based upon the “building up, arrangement, combination or permutation of letters, words or figures”. This loose definition could technically be applied to slots, but again, there is no real enforcement of this law. It would take a more clear-cut definition to provide any sort of legal restriction on online gambling.

Information Technology Act of 2000

The Information Technology Act of 2000 is too broad to classify as an online gambling law, but it is mentioned here because some have attempted to do just that. While no specific mention of online gambling is ever made in the law, there is a portion of the language that some have tried sticking to online gambling.

The language has to do with sending messages through electronic means, specifically messaging with malicious intent. If anything, the law seems to apply more to cyberbullying, but anti-gambling advocates will try to make any loose wording apply. To our knowledge, no one has been tried under this law, or any other of the aforementioned laws.

State Laws

Individual states have the authority to regulate gambling in their own way. Goa and Sikkim are 2 examples of Indian states with brick-and-mortar casino venues. Most other states outlaw brick-and-mortar gambling, but do not have any laws against gambling with licensed offshore operators. While India legal horse betting is widely available, punters should consult Indian horse race betting laws as states differ in what they consider legal.

What To Make Of These Laws

Indian federal law is somewhat confusing and severely outdated. It is tough to apply any of the laws to online gambling because these laws were not written at the height of online gambling. As such, millions of Indian residents engage in some form of online gambling, most of which via legally sanctioned and regulated offshore brands. There is a wide array of online options available that feature casino games, poker, sports betting and more. Best of all, these sites can be accessed without fear of prosecution. We go into greater detail on our gambling laws in India page.

What Types Of Games Are Available For Real Money Play?

One of the benefits of online casinos is that they host a more varied selection of casino games. Our suggested online casino brands offer slots, video poker, blackjack, roulette and more. These games are built from reputable online gaming software platforms and feature high-quality 3D renderings and user-friendly gameplay. Responsive design technology is used to keep design and functionality consistent across mobile and web-based devices.

Slots

Legal Online Slots In India - This page will provide information relevant to playing real money slot games at licensed online casinos accepting players from India. You'll learn how to legally access premium online slot games that offer a high-quality gaming experience in a safe and secure online casino environment.

Blackjack

Legal Online Blackjack In India - We have included a page to this guide that is dedicated to covering blackjack, one of the most popular casino games around the world. We provide insight into finding legal online blackjack games to play, information about how to play, and recommendations for the industry's top rated, legally sanctioned destinations that welcome Indian players.

Roulette

Legal Online Roulette In India - Get an inside look at what to expect when playing roulette online in India. We will give you helpful information about finding a premium online roulette casino that accepts players from India, how to play roulette, and what types of roulette bonuses are available.

Baccarat

Legal Online Baccarat In India - Playing baccarat online is a great environment for those new to the game as well as experienced players. Our guide provides information on how to play and where to find legally sanctioned online casinos that offer baccarat games and that accept players from India.

Pai Gow

Legal Online Pai Gow Games in India - This Asian inspired game is very popular among the Indian gambling community and draws a lot of players through the convenience of online access. Find out where you can legally play this game online and what kinds of bonus offers apply to Indian online Pai Gow games.

Real Live Dealer Games

Live Dealer Casinos In India - Live dealer games have revolutionized online gambling by combining the convenience of online access with the authenticity that a live dealer brings to casino games. Find out which games are available through legally sanctioned live dealer casinos that accept players from India.

FAQ's About Legal Casino Gambling For Players In India

Legal Gambling In India Online India

Are There Satta Matka Games Available?

Satta Matka is an older form of Lottery-style gambling that was played from the 70s to the 90s. It is a game of chance consisting of randomly selecting a series of numbers and betting on the outcome. While the game is now illegal due to the enactment of the Central Lotteries Regulation Act, 1998, there are plenty of other Lottery style gambling options and games of chance available such as legal online Keno for India player.

How Do I Know If An Online Casino Is Legitimate?

The first thing to verify with an Indian-friendly online casino is whether they are legally licensed. All reputable online casino operators will have their licensing information readily available. For example, Bet365, a popular Indian-friendly online casino, is licensed by the UK Gaming Commission. If an online casino is legally licensed, Indian residents are legally allowed to gamble with them. Other signs of legitimacy include compliance certifications for fair gaming practices, a strong security profile, and reliable customer support.

What Kind Of Bonuses And Promotions Are Offered?

Online Gambling Is Legal In India Or Not

Perhaps the greatest advantage afforded to online casino users is their bonus incentive program. Bonuses are rewards given to players for using the site. The most common bonus type is a match bonus, where your deposits are matched by a percentage up to a certain amount. For example, you would see something like this: 200% match bonus up to $1,000 USD.

This means that the casino will match 200% of your deposit up to a maximum of $1000. Other casino-based bonuses give players free spins on slots, additional funds to be used in the casino and more. Bonuses are offered year-round and vary in terms of reward-size and frequency. There are also no-deposit bonuses that reward players without requiring a financial investment.

Do These Casinos Allow Indian Players To Gamble In (INR) Rupees?

Multiple online casinos accept INR (Indian rupees) as legal tender for online transactions. You can also play in USD and Euros at the vast majority of online gambling sites. We offer a list of Rupee online casinos here. You can find the current USD to Rupees conversion rates here.

What Are The Best Banking Options For Players In India?

eWallets, credit cards, debit card and cryptocurrencies make up some of the most popular India online casino banking methods for players from India. The Foreign Exchange Management Act (FEMA) monitors non-INR transactions with online gambling sites, but cryptocurrencies are independent of any government or financial institution.

Are The Sites Mobile Friendly?

With the emergence of smartphone technology, India mobile casinos have begun popping up left and right. Our suggested online casino brands have mobile capabilities and will work across multiple devices (i.e. Apple, Android, Windows, etc.). Responsive design technology is implemented to maintain consistent design and functionality across varied screen-size dimensions.

It also helps with consistency across different leveled software packages. Most online casino operators offer mobile-exclusive bonuses to further incentivize the use of the mobile platform. These mobile suites are accessed via your device’s web browser and do not require any downloads.

Can I Participate In Legal Online Gambling In India?

Yes. Indian federal laws are too shaky to enforce, and none of them specifically mention online gambling. Indian residents are free to use online gambling sites, though should stick to legally sanctioned brands to avoid any foul play.

Do These Online Casinos Update Their Content?

Yes. Our recommended online casino brands frequently update their game selections to align with industry standards and heighten the user experience.

Are Online Casinos Fair?

All of the online casino brands we suggest incorporate RNG (Random Number Generator) technology into their software platforms. This technology uses algorithms to create randomized outcomes with all casino games, ensuring fairness throughout.

The technology is subject to frequent inspection from licensed RNG maintenance providers. To learn more about legal online casinos check out our guide to casino reviews for in-depth details about the casinos we recommend.

What Other Forms Of Online Gambling Are Legal In India?

Gamblers in India also have access to legally sanctioned online poker sites and sportsbooks operating offshore. These types of gambling sites operate very similarly to India friendly online casinos in regards to legalities, deposit methods, bonuses, and the overall experience. If you want to learn more about other online gambling entertainment opportunities you can visit our guide to India legal online poker and our page covering India legal online sports betting.

Before entering into the question of online betting or gambling, let us examine whether ‘gambling or betting’ per se is legal or illegal in India. There are no central laws against gambling or betting in India. The Public Gambling Act, 1867 does not prohibit gambling or betting, it merely prohibits and prescribes punishment Act to provide for the ‘punishment of public gambling’ and the ‘keeping of common gaming-houses’.

As per the Act, “Common gaming-house” means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise howsoever.

Thus, what is prohibited is “owning common gaming houses”. Further, a person found in such common gaming houses “playing or gaming” or is found there present for the purpose of gaming shall be liable to fine.

Can we say that online betting or gambling website or application is a “common gaming house.” When the Act was legislated in 1867, there was no internet or website. However, if we see the definition of common-gaming house, it includes a “place” in which instruments are kept for gaming. Meaning of place cannot be confined to “physical space only”, a place on web space is also a place, and therefore owning a website or application which offers gaming services “for gain” is prohibited under the Public Gambling Act.

Page Contents

Gaming:

The term “Gaming” was explained by Supreme Court in M.J. Sivani v. State of Karnataka, [(1995) 6 SCC 289],

“The elements of gaming are the presence of prizes or consideration, chance and prizes are reward and games include a contrivance which has for its object to furnish sport, recreation or amusement. Amusement would mean diversion, pastime or enjoyment or a pleasurable occupation of the senses, or that which furnished it. A common gaming house is a place or public place kept or used for playing therein any game of chance, or any mixed game of chance and skill, in which the organiser keeps one or more of the players. It is also a place in which any game is played, the chances of which are not favourable alike to all the players. Gaming is to play any game whether of skill or chance for money or money’s worth and the act is not less gaming because the game played is not in itself unlawful and whether it involved or did not involve skill.”

What is a Game of Skill:

Section 12 of the Public Gambling Act provides that Nothing in the foregoing provisions shall be held to apply to any “game of mere skill” wherever played. So, what is “game of skill”. A game of skill is a game where the outcome is determined mainly by mental or physical skill, rather than chance. Alternatively, a game of chance is one where its outcome is strongly influenced by some randomizing device, such as dice, spinning tops, playing cards, roulette wheels, or numbered balls drawn from a container. While a game of chance may have some skill element to it, chance generally plays a greater role in determining its outcome. A game of skill may also may have elements of chance, but skill plays a greater role in determining its outcome.

Whether a game is of chance or skill is a question of fact to be decided on the basis of facts and circumstances of each case. The Indian courts have recognised that no game is a game of pure skill alone and almost all games involve an element, albeit infinitesimal, of chance. The Hon’ble Supreme Court of India has interpreted the words “mere skill” to include games which are preponderantly of skill and even if there is an element of chance, if a game is preponderantly a game of skill, it would nevertheless be a game of “mere skill”.

What is Gambling:

Supreme Court observed in K.R. Lakshmanan (Dr) v. State of T.N., [(1996) 2 SCC 226],

“The New Encyclopaedia Britannica defines gambling as “the betting or staking of something of value, with consciousness of risk and hope of gain on the outcome of a game, a contest, or an uncertain event the result of which may be determined by chance or accident or have an unexpected result by reason of the better’s miscalculations”. According to Black’s Law Dictionary (6th Edn.) “Gambling involves, not only chance, but a hope of gaining something beyond the amount played. Gambling consists of consideration, an element of chance and a reward”. Gambling in a nutshell is payment of a price for a chance to win a prize. Games may be of chance or of skill or of skill and chance combined. A game of chance is determined entirely or in part by lot or mere luck. The throw of the dice, the turning of the wheel, the shuffling of the cards, are all modes of chance. In these games the result is wholly uncertain and doubtful. No human mind knows or can know what it will be until the dice is thrown, the wheel stops its revolution or the dealer has dealt with the cards. A game of skill, on the other hand — although the element of chance necessarily cannot be entirely eliminated — is one in which success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player. Golf, chess and even rummy are considered to be games of skill. The courts have reasoned that there are few games, if any, which consist purely of chance or skill, and as such a game of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is the dominant element — ‘skill’ or ‘chance’ — which determines the character of the game.”

Supreme Court laid down the principle in Satyanarayana case [(1968) 2 SCR 387 : AIR 1968 SC 825 : 1968 Cri LJ 1009], that (i) the competitions where success depends on substantial degree of skill are not ‘gambling’ and (ii) despite there being an element of chance if a game is preponderantly a game of skill it would nevertheless be a game of “mere skill”. We, therefore, hold that the expression “mere skill” would mean substantial degree or preponderance of skill.

The law laid down by Supreme Court in the State of Bombay v. Chamarbaugwala [AIR 1957 SC 699] and [AIR 1957 SC 628], wherein it has been authoritatively held that a competition which substantially depends on skill is not gambling. Gaming is the act or practice of gambling on a game of chance. It is staking on chance where chance is the controlling factor. ‘Gaming’ in the two Acts would, therefore, mean wagering or betting on games of chance. It would not include games of skill like horse-racing. In any case, Section 49 of the Police Act and Section 11 of the Gaming Act specifically save the games of mere skill from the penal provisions of the two Acts. We, therefore, hold that wagering or betting on horse-racing — a game of skill — does not come within the definition of ‘gaming’ under the two Acts.

From the above following proposition emerges;

(i) Betting or gambling is not illegal or prohibited in India.

(ii) What is illegal is running or maintaining “common gaming houses for gains”.

(iii) None of the prohibitions apply if the game is a “game of mere skill”.

Element of Chance and Hope:

There is nothing in this life that does not depend upon chance, at least to some extent. The government makes a policy, and there are elements of chance whether the policy will succeed or not- is the policy-making a game of chance? An art dealer buys a work of art in the hope that prices of that work of art will increase in the future- is it a game of chance? People elect a government in the hope of good governance which may or not materializes- is it a game of chance? If we start seeing life in this light, there is nothing in life that is not a game of chance. If an effort or wish to gain money on chance is gambling- life is a gamble.

Online Gambling Legal In India

What is learning? What is knowledge? Learning or knowledge is nothing but acquiring skills, temperaments and information so that the “element of chance” in every game improves in one’s favour. So why do policy makers learn economics- so that they can make a policy which has a better chance of performing. Why should judges learn law- so that probability of justice increases in judgments.

Usefulness or uselessness of an activity has no meaning. A person may spend years in leaning the nuances of art or poetry or cricket, but on a crude level the activities may not be useful. A game of skill is when a player invests his/her time in learning, practising and refining his skill to perform in a particular game. The Supreme Court noted that games of skill would be where “success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player. It is also noted by the Supreme Court that a Game of Skill will have a predominance of Skill Factor.

The Supreme Court in the case of K.R. Lakshmanan Vs. State of Tamil Nadu [AIR 1996 SC 1153] while deciding whether a “horse-race run on the turf of the club” is a game of chance or a game of “mere skill”? It held that the “horse-racing is a game where the winning depends substantially and preponderantly on skill”. The Court also said that “we have no hesitation in reaching the conclusion that the horse-racing is a sport which primarily depends on the special ability acquired by training. It is the speed and stamina of the horse, acquired by training, which matters. Jockeys are experts in the art of riding. Between two equally fast horses, a better trained jockey can touch the winning-post.

Another example is that of Rummy wherein the Supreme Court in State of Andhra Pradesh v. K. Satyanarayana [(1968) 2 SCR 387] concluded that “Rummy, on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill”.

Betting and Gambling- A state subject:

Online Legal Gambling Sites In India

In 1950 the constitution of India was introduced. In the constitution, it is written that states are allowed to formulate their own gambling laws. “Gambling and betting” have been mentioned in list-II of the seventh schedule of the Constitution, and therefore states are empowered to legislate laws on it. This means that each state in India has it’s own “betting and gambling” laws, and hence even the online “betting and gambling” will depends upon those laws.

Thus, in the state of Maharashtra, games of skill are allowed while games of luck are prohibited. The same is true for Karnataka and many other states. The state of Goa has allowed gambling by enacting the Goa, Daman and Diu Public Gambling Act, 1976. The Goa, Daman and Diu Public Gambling Act, 1976 was amended to allow card-rooms in offshore vessels and slot machines in five-star hotels. The Sikkim Regulation of Gambling (Amendment) 2005 authorises the State government to notify the specified areas where permission can be granted for running of casinos on payment of a specified fee.

The state of Nagaland has enacted the Nagaland Prohibition of Gaming and Promotion and Regulation of Online Games of Skill Act, 2016. The said Act provides for regulation and promotion of “games of skill” through the issuance of licenses. This Act provides that the license holders under the same can operate from any State in India where gambling is allowed. The state of Sikkim has framed legislation regulating the virtual or online gaming activities within its territory through Sikkim Online Gaming (Regulation) Act, 2008.

Recently the State of Tamilnadu, amended the Tamilnadu Gaming Act, 1930 by inserting Section 3A, which states that, “No person shall wager or bet in cyberspace using computers, computer system, computer network, computer resource, any communication device or any other instrument of gaming by playing rummy, poker or any other game.” The ordinance inserts the word cyber cafe under the Act as well as electronic record, computers, computer system, computer network, computer resource or any communication device under the amendment.

Conclusion:

Betting and gambling are state subjects, and states are duly empowered to regulate “betting and gambling”. The regulations may be in the form of licensing or even prohibition. As different states legislate different laws, uncertainty is likely to continue in the area. Though uncertainty in laws is a great tyranny, “uncertainty” in laws cannot be eliminated just like in any other areas of life. To that extent, even law making is a “game of chance” with the element of hope that newly enacted laws will work and do good.

[Views expressed are personal views of the author. The author may be contacted on office@rklegal.org]