Gambling Illegal In India
The Public Gambling Act of 1867 bans operating and running public gaming houses. There are various types of gambling in India, i.e. Sports betting, online gambling, casino gambling, lottery, horse racing, and skill games. The legal position on gambling in India is split into two categories, i.e. Games of chance and games of skill. The Public Gambling Act of India deems this activity illegal, but the law is obsolete. It lacks proper regulation of online casinos and online bookies, which is why they fall under its grey area. The only specific law that is mentioned is that Indian-based online casinos and bookies are not allowed to operate. Online gambling laws in India are vague and open to interpretation. Ask 50 different people about the legality of betting in India and you’ll get 50 different answers. On this page, we’ll attempt to give you a thorough but concise overview of the current legal situation. Gambling is regulated in India at the national and state levels.
The general consensus by millions of Indians is that gambling is banned throughout the country. If you ask them to share information about the gambling laws and regulations in India, they will not be in a position to do so because a lot of them don’t know where to find information relating to gambling laws and regulations.
Some of them know where to look but find it too time-consuming and confusing to read legal jargon and interpret what it means for them. Thus they are content to accept the general consensus that gambling is banned in India and any form of gambling that takes place is illegal gambling.
BettingGuru wanted to bring more light to gambling laws and regulations in India, so our team of experts has researched and studied Indian gambling laws and simplified them into modern day language that makes it easy for everybody to understand them clearly.
Current State Of Gambling Legislation in India
The current state of gambling legislation in India is archaic to say the least. Gambling legislation is outdated in India and is in urgent need of an overhaul. The reason most Indians believe that gambling is illegal in India is because you will not find any casinos or gambling houses in the country with the exception of three states.
Goa, Sikkim and Daman are the three states in India to have a legalized casino industry. Sikkim and Daman are very small states and the average Indian on the street may not even list them as states.
Goa on the other hand is one of the most popular states in India and has a thriving land based and offshore casino industry. However, the state government is Goa has been under pressure for the last few years to shut down the gambling industry and recently yielded to some of that pressure by not allowing locals to enter these casinos from Feb 2020.
The Indian gambling industry is governed by The Public Gambling Act of 1867 and pro-gambling groups are pushing for legislators to change this law. The Information Technology Act 2000 regulates online websites in India but does not specifically use the word gambling or betting in its list of prohibited sites.
The Public Gambling Act of 1867
The Public Gambling Act of 1867 prevents casinos and gambling houses from operating in India. If a company or a business if found violating this law, they will be subject to a fine of ₹200 or go to prison for a period of 3 months.
The law is also applicable to players who visit these illegal gambling establishments. If they are found inside these illegal establishments, they will be subject to a fine of ₹100 or face prison for a period of 1 month.
Gambling advocates have tried for years to get the central government to review the Public Gambling Act of 1867 and amend it so that it is appropriate for the times that we now live in. However, legislators have been reluctant to review this gambling act and make changes for a number of reasons.
The most sensitive reason for not meddling with the Public Gambling Act of 1867 is because gambling is considered taboo in India and offensive to multiple religions. Since India is a very religious nation, the ruling party wants to make sure that it does not offend the religious feelings of millions of Indians as it could end up hurting their vote bank.
Some of the other reasons for sticking with the Public Gambling Act of 1867 include considering gambling a social evil and forbidding players to engage with games of chance.
Games of Skill vs. Games of Chance
The Public Gambling Act of 1867 prohibits games of chance from taking place because games of chance are based on luck. Games of skill, on the other hand, are allowed as these are based on the mental faculties and physical abilities of the players involved.
So a game of cricket can take place in front of thousands of cricket fans and be broadcasted to millions at home because it is ruled a game of skill. A game of rummy or poker on the other hand cannot be played for money as the law considers card games as games of chance i.e. based purely on luck.
During the last few years, there has been a special push by a number of groups like the National Indian Gaming Association (NIGA) to educate legislators on the differences between games of skill and games of chance. The game of poker has been used as an example to prove that it is a mind sport just like the game of chess.
While the campaign to push for certain games like poker to be reclassified as a game of skill has gained momentum, it has not brought about any results. Legislators are more open to the possibility today but are hesitant to pull the trigger and legalize gambling due to a potential backlash.
State Legislation
While the Public Gambling Act of 1867 governs gambling throughout the country, each state has the authority to form their own legislation and legalize gambling. This is why Goa, Daman and Sikkim have a legalized gambling market.
There are a number of states including Mumbai and Kerala who are considering legalize gambling in their respective states. State governments have realized that legalizing gambling would create a very lucrative industry as it would generate employment opportunities, bring in huge financial investment, increase tourism numbers and provide a steady stream of gambling taxes for the state coffers.
Nagaland, a small state in the north-east of India decided that it would pass a new law that would allow online games to be legalized. Bettors are allowed to place bets on online casino games as long as they fall under the category of games of skills. The Nagaland Prohibition of Gaming and Promotion and Regulation of Online Games of Skill Act, 2016 (Gaming Act) updated the terms and conditions for games of skill and games of chance – thereby opening a new stream of revenue in the state.
For land based or online gambling to spread throughout India, it will require one of the four big states to make a decision and pave the way for the rest of India. Maharashtra, Karnataka, Tamil Nadu and Delhi have toyed with the idea but have put it on the back burner for now.
Online Gambling
Since land based gambling is banned throughout India with a few exceptions, most Indians automatically assume that online gambling is also banned. This is not true and in effect, the online gambling industry in India is growing at a rapid pace with every passing year. There are a number of offshore iGaming operators who have entered the Indian market and are offering a variety of online betting services which include online casino games, lottery games, sports betting, e-sports, daily fantasy sports and live dealer casino games.
The key point is, that it is not illegal to register and place bets at these online gaming websites as long as they are not based in India. Just remember that there are a lot of good online casinos out there but there are a lot of bad casinos out there as well. By bad, we mean unscrupulous casinos that prey on players and take advantage of them.
BettingGuru has a great list of online casino websites that are safe for Indian players. Our team has reviewed these sites and use strict selection criteria to ensure that we offer safe and secure online casino recommendations to our Indian players.
The Information Technology Act, 2000
The Information Technology Act 2000 is a central act that governs all online activities in India. The Act does not specifically use the word gambling or betting and hence a number of iGaming providers have entered the market due to the language used in the Act. The language allows both pro-gambling and anti-gambling groups to interpret this law based on their own assumptions.
The Supreme Court was approached to make a decision and bring clarity to the language used in the ACT but the Court decided to pass on the matter. So the decision is now left to individual states to determine whether they want to allow online casino games and betting or not.
The state of Maharashtra took the decision to pass its own gambling legislation to clear things up. The “Bombay Wager Act” was passed and it specifically stated that online gambling is an offense in the state.
If a company is caught offering online gambling services in India, they will slapped with a fine of 90,000 rupees. This rule has been in place since 2009.
Offshore Gaming Sites Flourishing
There are a number of reputed and licensed online gambling sites currently catering to the Indian market. BettingGuru features the best of these online casino sites as they are legal and safe for Indian bettors to play at. This is because we list only offshore casino sites as they are not based in India. We look for offshore casinos and sportsbooks that are licensed by reputed regulators like the UK Gambling Commission and the Malta Gaming Authority.
You will not find any online casinos or sportsbooks licensed by an Indian gaming regulator as none exists. If you find a site claiming to be licensed by an Indian gaming regulator, you need to be careful as it is a false claim.
BettingGuru’s list of recommend online casinos allows Indian bettors to make their deposits and withdrawals in Indian rupees (INR) in keeping with the Foreign Exchange Management Act 1999. This ensures that players do not violate any laws either on the gaming front or the foreign currency front.
The Legal Status For Games Like Poker And Rummy
Since each individual state has the option to legalize or ban land based and online gambling, there is some confusion as to what games are allowed and which states allow them. Some of the common questions of Indian players include: is rummy legal in India, is cricket betting legal in India, is poker legal in India, is sports betting legal in India and are online casino games legal in India.
We decided to put together a quick overview to help you understand what games you can play and in which states you can play them:
- Casino games are allowed in Goa, Daman, Sikkim
- Poker is permitted in Karnataka, West Bengal, Nagaland
- Fantasy sports betting is permitted in most states as they are viewed as games of skill
- Lottery is banned in most states but a few states have a state wide lottery such as Sikkim. Punjab has a licensed online lottery.
Online casino games and online sports betting are permitted as long as players are betting at offshore casinos who allow players to deposit and withdraw funds in Indian rupees.
Frequently Asked Questions
The Information Technology Act 2000 does not have the words gambling or betting included when it comes to prohibiting internet activities. Hence, offshore casinos have used this ambiguous language to launch online casino and sports betting services for the Indian market. Players who bet at these offshore casinos are not breaking the law or committing a crime.
There is a huge push at state level and central level to get legislators to rethink archaic laws such as the Public Gambling Act of 1867 and the Information Technology Act 2000. Gambling advocates are pushing for both land based and online gambling to be legalized. The latest push came from MP Shashi Tharoor in 2018 when he introduced the Sports (Online Gaming & Prevention of Fraud) Bill, 2018 to the Lok Sabha.
You do not need to pay any taxes to the online casino or sportsbook. However, you will have to pay taxes on your income and it will be up to you to declare and file your taxes accordingly. Do note that some payment providers like PayPal will be without a GST fee when doing your transfer.
Gambling for money is prohibited in India and the few states that permit gambling allow the activity to be done only at licensed premises. So technically you should not play a real money poker game in India. However, a lot of families play poker and bingo for small stakes to pass their time and do not get in trouble with the law. If you start hosting regular real money poker games and inviting people apart from the members who reside in your house, you could end up getting in trouble with the law.
This will depend upon the terms and conditions followed by each sportsbook. There are limits in place as some sites have reported suspicious activity when large sums of cash where bet on certain cricket games. They found that bookies in India were placing bets on behalf of hundreds of bettors from one account. The minimum amount can be from 100 to 500 rupees while the max amount can go up to 50,000 to 100,000 rupees.
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.
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:
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:
Why Is Gambling Illegal In India
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.
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[Views expressed are personal views of the author. The author may be contacted on office@rklegal.org]