Gambling, just like other games, has been a part of Indian culture since ancient times. Even when the faced dice were not invented, our ancestors in India played games using tree nuts.
In modern India, Poker is one of the major games that has risen in the spotlight among millions of players in the country. But, many are sceptical if poker is a legal game in India or not.
We are here to answer that question for you. In this article, we will give you insights into why gambling has progressed in India, and how it impacts the legality of these games.
We will also highlight the safe sites to play poker and other games for Indian players.
Why Has Gambling Become So Mainstream In India?
Gambling games have even been traced back to some of the oldest Indian mythological epics, like Mahabharata.
Furthermore, Indian folks have been playing gambling games at festivals like Diwali to enjoy. So, India is not new to the world of gambling in any way.
As for the gaming industry, new technologies have enabled it to be redefined for customers. A major role in this change is due to the fast-paced internet connectivity and IT software.
As more and more people started gaining online access, gaming companies began to target the Indian audience with games centralized towards them.
Veteran gambling sites offered some of the most entertaining game choices including Rummy, Teen Patti, Poker, Fantasy Sports, and many others to the masses.
This has gained a sudden momentum in the Indian market for sure.
But, why the sudden surge?
We noticed several reasons behind it.
- A report released by Maple Capital Investors, under the heading “Gaming – India Story” has a lot to say about it.
It states that the Indian gaming industry is taking advantage of the substantial rise in gaming content, due to the booming digital infrastructure.
That has further conjectured the industry to grow at a rate of 41% annually.
- Furthermore, Covid-19 and the consecutive lockdown in India has a lot to do with the sudden rise in online gaming. The visits to apps and gaming sites rose up to 24% in just a few months.
- Teen Patti alone has garnered 1+ billion downloads, proving that people are actually enjoying such online games.
- Additionally, the rise in demand for such games, which has led to the gaming industry becoming one of the top earners of the current generation.
According to KPMG India, the Indian online gaming industry could have a net worth of INR 250.3 billion by the year 2024.
But the perks are not limited to the game developers, they also profit the players.
How The Indian Players Profit From This Development?
The International Center For Sports Security (ICSS) claims that the betting marketing in India could have a net worth of $130 billion or above.
This has encouraged several foreign digital companies to invest in the Indian gaming industry and set up operations for targeting the people.
That has led to lucrative betting and gambling opportunities for the Indian masses.
Despite the rising potential and opportunities, poker and other gambling/betting games are not fully legal in India.
Several rules and regulations keep updating and changing in India, which cannot be overlooked before one plans on investing their time and money in the world of gambling in the country.
Let’s discuss the scope of gambling/poker laws in India.
Legal Structure Regulating The Indian Gambling Industry
The Indian Constitution issues power to the state legislatures to form their own gambling and betting laws based on individual states.
They referred to it as the Public Gambling Act, 1867. States like Delhi, Madhya Pradesh, and Uttar Pradesh adopted the rules followed in this act. Other states sanctioned their own regulatory rules, which are enacted in their specific territories.
These rules were mostly designed for gambling and poker games played in the physical world rather than the virtual one. Thus, the regulations and permissions for online poker and digital gambling were not known.
Which States Consider Poker Legal In India?
As long as you are playing for free, i.e. without depositing or withdrawing funds, all gambling games including poker are absolutely legal in India.
However, when it comes to playing for real money, there have been some doubts among the minds of many.
This has become an issue because many of the rules are unclear. Each state has its own set of rules under the enactment of the Indian Gambling Act.
In 1996, the Supreme Court, under the acknowledgement of a three-judge bench, attested certain rules. According to them, the games related to an overpowering and substantial degree of skill would be legally placed within the “Games of Mere Skill” category.
This category also includes games like horse-race betting, which they considered a game of skill and placed it outside the gambling category.
The Supreme Court also concluded that such games were a fundamental right under the Constitution of India, which is why such games cannot be prohibited.
Based on this judgment, it has been concluded by several High Courts that even Poker is a game of skill, which also makes it a fundamental right.
Supporting it, the High Courts of Kolkata and Karnataka have authorized the law enforcers to authorize online games if the service providers have proper licensing issued by their respective states.
Impact on Indian States in Modern India
Some states have altered their legislatures to create rules around the growing digital infrastructure in India, which has seen rapid growth in the use of the internet over the years.
The states of Sikkim and Nagaland are the only ones that adopted the legislation considerably to permit online gambling.
The rules for gambling in these states are not directly stated as illegal. However, they are amending the rules of online poker and other virtual games with their physical counterparts.
In other states, like Daman and Diu, Sikkim, and Goa, India’s legislation refers to games like Rummy as a game of skill rather than chance, thus amending certain rules to permit online playing.
However, the state laws and permissions, like getting a license need to be executed beforehand. In Goa, you are only allowed to play Poker in actual casinos or on an offshore vessel.
Other imposes on playing Poker in India include a TDS of 30.3%, which the players need to pay, to withdraw poker winnings of over 10,000 INR. States like Odisha and Assam consider the game completely illegal and may even penalize players for it.
Role of Poker Sites in Legalizing the Online Casino Game in India
Several online casino game service providers in India strictly comply with the rules and regulations applicable to games of skill online.
Their compliance is also subjected to changes based on the modifications in Indian laws from law enforcement agencies, state or central government, and other regulatory bodies with authority.
However, this process is a continuous one, where such online gambling service providers keep monitoring in the best interest of their players.
Many credible companies work continuously through legal obligations, for ensuring that there is complete transparency of the gambling rules.
As a result, such platforms take every possible precaution to stay legal for their Indian customers, by regularly checking with the state’s local laws.
Do you think that poker and other online games should be legalized in India for good?
