Online gambling in India is a topic shrouded in ambiguity and complexity. While the country has a set of national laws governing gambling, the enforcement and interpretation of these laws vary greatly from one state to another. As internet access expands and cricket continues to captivate millions, online gambling, especially sports betting, has gained tremendous popularity. However, inconsistent regulations often leave players confused about whether their actions are legally permissible.This article offers a state-by-state breakdown of the legal status of online gambling in India, providing clarity on how different regions interpret the laws and their impact on players.
The National Legal Framework:
The Public Gambling Act of 1867
The cornerstone of Indian gambling law is the Public Gambling Act of 1867, a colonial-era legislation that prohibits the operation of public gambling houses and penalizes individuals visiting such places. However, this law was written long before the advent of the internet, and it doesn’t address online gambling explicitly.Since gambling is considered a state subject under the Indian Constitution, each state has the power to regulate gambling within its jurisdiction. This results in a patchwork of laws, with some states enacting new regulations or modifying existing ones to suit their needs
Games of Skill vs. Games of Chance
A critical distinction in Indian gambling law is the classification of games as either “games of skill” or “games of chance.” The legal precedent in India suggests that betting on games requiring skill, such as rummy and horse racing, is legal. In contrast, games based purely on luck, like traditional gambling, are often banned. This distinction has significant implications for online gambling. Many platforms argue that games like poker, fantasy sports, and rummy are games of skill and, therefore, fall within the legal boundaries. However, this interpretation varies across states, as detailed below.
