India Betting Games 2023 – Gambling Laws and Regulations: The India section covers general matters for gambling laws and regulations, including relevant authorities and legislation, license applications, license restrictions, digital media, enforcement and liability.
Casino games, whether digital or land-based, are governed by Indian state laws. Casino games are games of chance and are therefore subject to the prohibitions of most state-level anti-gambling laws (“Gaming Laws”). The State of Sikkim permits the offering of casino games such as roulette and blackjack by obtaining a license in accordance with the provisions of this Code.
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(“Sikkim Act”) and games may be offered only through intranet terminals. The state of Meghalaya passed the law
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(“Meghalaya Act”) which prohibits operators of slots, roulette, keno, wheel of fortune etc. within the state.
The authority under the Sikkim Act is the Department of Finance, Revenue and Expenditure, while under the Meghalaya Act the state government is the licensing authority and the Revenue Commissioner handles the licensing process.
India’s northeastern states of Sikkim and Meghalaya, the state of Goa, and the western union territory of Daman and Diu regulate land-based casino gaming.
The concerned authorities are Home Department in Goa, Tourism Department in Sikkim and State Government in Meghalaya.
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Apart from the states of Sikkim, Nagaland and Meghalaya, which regulate games of skill, and Tamil Nadu (which expressly bans real money poker), skill variants of poker are not regulated in any other state. In Nagaland,
For casino poker, see the relevant casino games slot above. However, certain skill variants of poker (such as Texas Hold’em and Omaha Hold’em) are not affected by the prohibitions of the Gambling Laws (see the relevant line under “Games of Skill” below) and therefore these variants can also be played in physical venues.
Although there can be many different formats in which bingo is played, each of these formats (whether played online or land-based) falls under the category of lottery or games of chance. In the latter case, they are prohibited by most gaming laws. For lotteries, only some states regulate this, see the relevant row under “Lotteries” below.
If the bets are related to gambling, they attract the prohibitions of the gambling laws. For casino games, see the relevant line above. For sports betting and fantasy sports, see the relevant categories below.
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Betting on horse racing is recognized by the courts as a game of skill, and many gambling laws also expressly exclude it from their prohibitions, subject to certain conditions. Because most regulations predate the Internet, most gaming laws do not have specific provisions or statutory language for online betting on horse racing. However, the racing club that organizes the race may impose certain conditions.
Betting on physical horse racing is regulated by the respective state governments under the gaming laws. These include states like Karnataka, Telangana, West Bengal, Maharashtra, Delhi and Tamil Nadu. Additional conditions may be imposed by the relevant racing club operating under the terms of a license issued by the State Government. See question 1.2 below.
Fantasy rate (payout for a ‘league’ or ‘portfolio’ selection over a period of time, eg sports or stocks)
In most states, fantasy sports are unregulated and operate outside of skill games in gambling laws. There are some exceptions to this.
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The states of Nagaland and Meghalaya have licensing regimes for virtual sports fantasy league games under their respective laws. Rajasthan has recently issued a bill
The content of the respective cell will be used (except for the dot for Nagaland, Meghalaya and Rajasthan, which will be used only for online platforms).
Lotteries are expressly excluded from the scope of the Gaming Acts and are governed by Central Acts and certain State Lottery Acts (collectively, the “Lottery Acts”). Private lotteries are prohibited by law, except those permitted under a license duly issued by the state government.
(“EPC”). Among state governments that organize lotteries, physical lotteries are conducted by designated departments or the state finance ministry.
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In the absence of cash or equivalent bets, most gaming laws may not apply. There is no specific regulator for these games either. However, depending on the content of these games, other laws may apply, such as intellectual property laws or obscenity laws, etc. can be activated.
There are specific exemptions for games of skill under gaming laws, and courts have also recognized the offering of games of skill as a constitutionally protected legitimate commercial activity. Most states in India do not require any license to offer games of skill, except Sikkim, Nagaland and Meghalaya, which have licensing regimes for games of skill under their laws.
The contents of the respective slot will apply (except for the point about Nagaland, which is only for online games).
1.2 Specify: (i) the applicable laws and regulations for the Applicable Products in your jurisdiction; and (ii) – generally – whether you permit or prohibit the offering of the relevant Products to persons located in your jurisdiction.
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(“Constitution”). According to its Seventh Schedule, the Constitution gives each state (province) of the country exclusive powers to enact its own “betting and gambling” laws for its territory. The
(“Public Gambling Act”), a colonial-era law still in force, has been enacted by several states, including Uttar Pradesh, Madhya Pradesh, and Punjab and Haryana, with some states making state amendments. Other states have enacted their own laws to regulate gambling/gambling in their jurisdictions under their gambling laws. Most of them are generally based on the Public Gaming Act, albeit with appropriate modifications.
Most gambling laws are pre-Internet laws, and therefore prohibit gambling only in physical premises known as “gambling” or “public gambling”. The states of Sikkim, Nagaland and Meghalaya have modern gaming laws and licensing regime for online gaming. Sikkim and Meghalaya have facilities for online games and sports that can only be offered through the intranet and to the exclusion of residents of their state. Nagaland has a licensing regime for online skill games only and gambling is banned. The states of Telangana and Andhra Pradesh prohibit all online real money gambling activities, including games of skill.
Most state laws have specific exemptions for “mere skill” games. “Mere skill” has been judicially interpreted as mainly games of skill. However, rather than establishing an objective criterion for distinguishing games of skill from games of chance, Indian courts have reached their decisions based on the facts and circumstances of each case. The states of Nagaland and Meghalaya have licensing regimes for skill games, and the Nagaland Act and the Meghalaya Act also contain a list of recognized skill games. In Sikkim, there is a licensing regime for all online games, be it casual or a combination of skill and casual.
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The states of Telangana, Andhra Pradesh, Karnataka and Tamil Nadu have recently amended their state gaming laws to dilute or remove the express exemption for games of skill and to impose a blanket ban on all games played for betting, including games of skill and online games. . The state of Kerala has issued an enforcement notice in early 2021 banning online gaming sites from offering rummy for state money bets. All of these changes to the relevant gaming laws have been challenged in the courts. Legal challenges to changes made
Is under consideration of the relevant regional court. In August 2021, the Madras High Court struck down the amendments to the law
Constitution In February 2022, the Karnataka High Court struck down the amendments made by the state.
, state anti-gambling laws). In September 2021, the Kerala High Court struck down the state government’s notification banning online rummy betting, declaring it arbitrary, illegal and violative of fundamental rights guaranteed by the Constitution, particularly the right to trade, business, and profession. and employment. The court held that stakes cannot be a criterion for determining whether a game is based on skill or chance, and even without the aforementioned caveat, important Supreme Court decisions have determined that rummy remains a “mere game of skill” and is therefore exempt. prohibitions
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The State Governments of Tamil Nadu and Karnataka appealed the judgments of their respective High Courts to the Supreme Court of India (the “Supreme Court”). Both applications were rejected and are pending before the Supreme Court. The Kerala state government has appealed the verdict to the Division Bench of the Kerala High Court and the same is pending.
In October 2022, the Tamil Nadu State Government enacted the Tamil Nadu Online Gambling Prohibition and Online Gaming Regulation Ordinance, 2022 (“TN Ordinance”) to ban online gambling and real money online gambling in Tamil Nadu. .
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