Gambling in India: A Complete Guide to Its Legality and Regulations

Table of Contents

1. What is Gambling? Gambling involves risking money or valuable items, known as “stakes,” on an uncertain outcome with the goal of winning more money or items of value. It generally includes three key elements: consideration (the money at stake), risk, and prize. Gambling outcomes can be immediate, such as rolling dice or spinning a roulette wheel, or long-term, like betting on a future sports event. Traditional gambling was typically done in physical settings, while modern gambling now includes digital platforms like computers and mobile phones.
2. What is Betting? Betting is a subset of gambling. It involves an agreement where one person predicts an outcome and places a bet, while another person accepts the bet or pays the agreed amount if the prediction is incorrect.
3. Laws Governing Gambling in India Gambling laws in India are primarily governed by the Public Gambling Act of 1867, which is a general law applicable to most gambling activities. However, since gambling regulation is a state matter, each state in India can enact its own laws. Traditionally, many states have prohibited gambling, but Goa and Sikkim have permitted it under specific regulations.
   • The Public Gambling Act, 1867: This Act prohibits:
     • Operating or managing a gaming house.
     • Participating in gambling at a common gaming house.
     • Providing funds for gambling activities in a gaming house.
4. Skill vs. Chance: Legal Distinctions
   • Games of Skill: The Supreme Court defines these as games where success is predominantly determined by skill rather than chance. For instance, horse racing and rummy have been classified as games of skill.
   • Games of Chance: These games are considered gambling and are illegal in most cases. For example, “flash” or “flush” poker is classified as a game of chance.
5. Online Gambling and Betting The Public Gambling Act does not cover online gambling. The Reserve Bank of India regulates online payment mechanisms under the Payment and Settlement Act of 2008, while the IT Act 2000 allows the government to block gambling-related websites. Although there is no specific law making online gambling illegal, payment gateways may restrict transactions related to online casinos.
6. Types of Gambling and Their Legality
   • Casinos: Legal only in Goa and Sikkim, and regulated under state laws. Casinos can operate in five-star hotels or on offshore ships in Goa.
   • Sports and Horse Racing Betting: Legal under certain conditions, such as betting on physical horse races at sanctioned venues. Online sports betting is allowed in Sikkim under specific regulations.
   • Cricket Betting: While not explicitly illegal, the central government treats it as a game of chance and has taken measures to limit its accessibility.
   • Poker: Certain types are considered games of skill and are permitted under Indian law.
   • Bingo: Generally considered a game of chance and is banned in most states.
   • Lotteries: Regulated by the Central Lotteries (Regulation) Act of 1998, with state governments authorized to organize and manage lotteries within their jurisdictions.
7. Licensing and Restrictions
   • Casino Licenses: Required in Goa and Sikkim for operating casinos in specific venues.
   • Poker: Some states require licenses for offering poker games.
   • Betting: Requires specific licenses depending on the type of betting activity.
   • Fantasy Sports: No license required if it qualifies as a game of skill, but some states like Nagaland may have specific requirements.
   • Lotteries: State governments can appoint distributors or agents, while private lotteries are mostly prohibited.
8. Taxation on Gambling Winnings
   • Income Tax: Winnings exceeding INR 10,000 are subject to a 30% tax.
   • Equalization Levy: A 2% tax on online services provided by foreign operators to Indian residents.
   • GST: A 28% tax rate applies to casino admissions and gambling services.
9. Need for Legal Assistance Given the varied state regulations, it’s essential to consult a lawyer for issues related to gambling laws. A lawyer can assist in legal matters, including defending against illegal gambling charges and addressing complaints.