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Gambling in India is restricted but Goa is one of the places in India where gambling is legal. Casinos in Goa contributed handsome amount to the state revenue and home to. Because of the casino legal situation in India, we are instead checking whether any of the world-renowned organisation such as the UKGC, MGA or GGC have licensed the venue. However, there is no mention of the online casino or any online gambling activity for that matter. This loophole is a ray of hope to millions of aspiring gambling as it indicates that online casinos are not illegal. Since online gambling isn't prohibited, it is safe to say that online casinos are legal in India on a federal level. With the prevalence of the internet, the governing bodies could have amended the law, but they.

The legality of betting and gambling has been a subject of extensive debate over the course of many years. Although in India playing of cards and rolling of dice has been in existence since time immemorial, yet, one often comes across the debates on gambling on both legal and ethical fronts. While one section seeks to legalize gambling because of the revenue it might generate for the government, the other section has been reluctant to do so owing to issues like corruption and money laundering that might germinate from it.
While the Law Commission of India, in 2018, in its report on Legalizing of Betting and Gambling in Sports recommended for regulating the gambling industry, no substantial progress has been made in this direction. The commission opined that the inability of the state to completely ban the betting and gambling has lead to corruption in sports which could be resolved if the industry is adequately regulated. This would also lead to generation of revenue to the government.

The Law Commission rightly noted that the ban is not absolute and the industry is highly unregulated. This observation stems from the fact that India has legislations relating to regulation of gambling both at central and state level, which adds to the already existing conundrum. Additionally, the legislations in place often pre-date technological advances and therefore fail to address the recent emergence of online gambling.

The legislation in place, the Public Gaming Act of 1867, is a federal legislation which outlaws the operation or being the person in-charge of a public gaming house. It states that it is illegal to operate a public gaming house and also prohibits people from visiting gambling houses. The contravention of this law attracts a fine of Rupees 200 or imprisonment upto 3 months. However, the Act is archaic and does not specifically address the aspect of online gambling. The Act itself predates the recent advancements in technology and fails to address online gambling. Due to this fact, millions of people in India indulge in online gambling on sports and casinos.

Another legislation, the Information Technology Act, 2000 regulates cyber activities in India but does not address legality of gambling or betting. The Act does not specifically address online gaming or gambling thereby making no impact on legal position of online gambling.

Further Entry No.34 of List II of the Constitution of India, 1950 empowers the states to make laws on betting and gambling. Due to this entry, many states in India have their own legislations dealing with gambling and are subject to different interpretations. For example, Bombay Wager Act bans online gambling in the state of Maharashtra and Delhi Public Gambling Act, 1955 bans gambling in the union territory of Delhi but makes an exception for ‘game of skill’. However, the states of Goa and Sikkim are the only states that have legalized gambling with appropriate licensing requirements and at restricted places. The Goa Gambling Act, 1976 allows playing of cards at off-shore vessel. Sikkim is the only state to have a law on online gaming which is the Sikkim Online Gaming (Regulation) Act, 2008. The Act however was later amended to restrict online gaming activities to physical gaming parlours in Sikkim through the internet.

In recent past, we have seen mushrooming of online gambling games such as Rummy, Casino etc. where millions of people rush to test their fate. Since, the law does not adequately address the legality of online gambling, this remains a grey area which requires intervention on part of either legislature or judiciary. While in several Supreme Court decisions Rummy has not been held to be gambling, the clarity is still required when it comes to online casinos.

Rummy has been held to be a game of skill similar to horse racing and is therefore legal in India. However, games like Casinos are a game of chance involving high monetary stakes which amounts to gambling as per Public Gaming Act of 1867. This inference is not difficult to draw as the issue that courts consider while deciding on gambling is whether a particular game is a ‘game of skill’ or a ‘game of chance’. Because of this uncertainty there is no organization that operates the online casino in India. So whether online Casinos are legal in India is the question that has a negative answer. However, indulging in online Casino games would not be considered to be illegal if the site is outside the jurisdiction of India. Due to the fact that the laws of India are not applicable to an overseas organization or gaming site, we continue to see an upsurge in the number of people engaging in this activity. Perhaps, the time is ripe for the Indian legislature and judiciary to end this conundrum and regulate the laws relating to online gambling.

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Is Online Casino Legal for Indian Players

The legality of online gambling is an oft-ignored topic among online gamblers. Not many care about it. However, it is advisable to be mindful of regulations. In particular, Indians playing online casino games in India should check their local laws to avoid problems.

Gambling legalities should be taken seriously. While not many get fined or sent to jail for gambling online illegally, it would be a dreadful experience to become one of the few to get entangled with gambling laws.

Is online gambling legal for Indians?

According to India Casino Info, the regulation of online gambling is relegated to state prerogative. India’s federal government does not say that online gambling is legal, but it also does not say it is illegal. It is up to the state legislatures to come up with the legal framework on allowing or prohibiting online casinos and other forms of games of chance.

India’s Parliament has not decided with finality whether or not to legalize online gambling. For now, the parties taking the affirmative and adversary sides appear to be on equal footing. There has been no federal resolution on how to deal with online gambling yet.

Fortunately, only the states of Maharashtra, Andhra Pradesh, and Telangana have strict laws against online and land-based gambling. Outside of these states, no legislation has been enacted to consider online gambling is illegal.

Many states in India already explicitly permit online gambling. Some have come up with better regulations to protect players and generate revenues for their states. Goa and Sikkim, for example, have legalized and regulated gambling in their states. They are also two of the only three states in India with legal land-based casinos. The third is Daman.

Are offshore casinos legal for Indians?

Offshore casinos are another grey area in Indian laws. It is important for players to check their local regulations before playing. However, the general status is that they are not illegal. Citizens and non-citizens can play at online casinos hosted on foreign servers and made available to players in India.

Offshore casinos are allowed to serve Indian players. There are no special requirements for players, but the casinos should support the Indian rupee as one of their currencies or maintaining account balances and withdrawing payments.

Online gambling is still at its early stages in India. The rules are still not well established. This may be good for some as it means everyone can play without regulations getting in the way. However, it may be disadvantageous when it comes to fraudulent online casinos and other possibly felonious activities. Many scammers employ online casinos to rip off players. Without regulations, it will be difficult to identify legitimate gambling sites and hold the defrauders accountable.

Just like viewing a glass half full or half empty, the legality of online casinos in India is not that well-defined. To be safe, it is important to get acquainted with the state or local laws first before engaging in any online gambling activity.

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