India Federal IT Minister Ashwini Vaishnaw said iGaming has robbed 450 million Indians of more than Rs20,000 crore, leading to “depression and suicides” in some cases. “Fantasy platforms are the most aggressive advertisers in IPL and world cricket,” Karan Taurani from Elara Capital said, adding that they would now likely explore the overseas market. “Money was definitely an attraction, but I still play, despite money being off the table now.” India’s online gamblers will have to use virtual private networks (VPNs) to trick overseas websites into thinking they are not in the country, and also use proxy credit cards for placing a bet.

Which laws govern online gambling in India?

Bangalore and Calcutta Turf Clubs had recently (during the COVID-19 outbreak), received permission from their respective State Governments to offer online betting on horse races conducted in Turf Clubs. Under the Sikkim Act, an operator must obtain a license to offer such games in the State. These games can be offered through the internet only within the state of Sikkim. Other states have also formulated their own legislations in order to regulate and govern the gambling activities on their territory. The majority of gambling laws were enacted before the advent of virtual or online gambling and betting.

How does the Public Gambling Act of 1867 impact the legality of gambling activities in modern India?

• A spate of litigations in courts have seen courts prod state governments to bring in compatible legislation for the evolving landscape of gaming in India.
• India’s online gamblers will have to use virtual private networks (VPNs) to trick overseas websites into thinking they are not in the country, and also use proxy credit cards for placing a bet.
• Judicial pronouncements of the local High Court have also asserted that playing poker cannot attract penalisation or harassment by the police.
• Consequently, it was exempted from the prohibitions under the State Gaming Laws and was also protected as a legitimate business activity under the fundamental rights granted by the Constitution.

Popular examples include rummy, fantasy sports, and poker though not all states agree on this. On the other hand, games of pure chance like roulette, online slots, and dice games often fall under the definition of illegal gambling. In fantasy sports cases, courts like the Supreme Court and various High Courts have held that these games require analytical thinking and knowledge, qualifying them as games of skill.

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Goa and Sikkim were the only states that allowed gambling https://wdgc2022.com/ and betting, subject to regulations made by these respective states. Most of the Gaming Enactments have carved out an exception for betting money or wagering upon horse racing. However, certain conditions are levied upon Horse Racing for it to be exempted under the Gaming Enactments. These conditions include that such betting shall take place on the specific day when the horse has run and in an enclosure sanctioned by the State Governments, etc. Apart from the rules set by the Governments and Enactments, independent Turf Clubs set their own rules as well. Online betting on real horses would also require the conditions prescribed under Horse Racing Exemption to be met.

It can be concluded that there is no explicit law that makes online betting and gambling an illegal activity in India. Theoretically, it is allowed to bet on these leading casino platforms online without running the risk of getting punished for the same. The most significant obstacles that gamblers may face in India or due to the payment portals as the RBI has instructed the banks and payment gateways not to process transactions that are related to online casino sites or gambling. Gambling in India is mostly governed by the Public Gambling Act of 1867, a colonial-era law that prohibits running or visiting gambling houses. However, the central government has allowed individual states to make their own decisions regarding gambling activities within their borders.