Is Online Gambling Legal in India?
Our Guide to Online Gambling in India
Is online gambling legal in India? The answer is complicated but, to make it simple, players in India can gamble online at online casinos located outside of India. Our guide to online gambling in India answers the question of “Is online gambling legal in India?” and we provide expert information for players in India so that they can find the best online casinos, sportsbooks, and online poker sites.
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India Online Gambling History
Gambling has an historic tradition in India dating back thousands of years. India is the birthplace of many popular casino games (such as teen patti) and was an early hub of sports betting (particularly for horse race betting and cricket betting). Under British colonial rule, however, restrictions to gambling were introduced which remain the foundations of modern-day India’s legal approach to (online) gambling. Here are the some of the most important dates and pieces of legislation related to online gambling in India:
1867 – Public Gambling Act
Instituted during British colonial rule, this piece of legislation is still the underlying federal legislation which governs gambling in India. Obviously, due to its age, it does not mention online gambling as such.
1996 – Horse Racing Ruled a Game of Skill
The Indian Supreme Court that horse racing was a game of skill, not purely luck, and was therefore available for betting. Today, most of India’s turf clubs feature in-person betting booths.
2000 – Information Technology Act
The Information Technology Act 2000 regulates online activities in India but does not mention the word ‘gambling’ or ‘betting’.
Federal Gambling Laws
Although the vast majority of Indian gambling laws are decided at the state level, there are some key pieces of legislation and Supreme Court rulings which affect the legal status of gambling across India:
Public Gambling Act of 1867
Although this law predates the Republic of India, it is still the cornerstone of national gambling legislation. The 1867 Public Gambling Act prohibits the operation of a gambling house or visiting a gambling house. This has resulted in there being no casinos (gambling houses) in most of India (except for Goa and Sikkim). As this law does not mention online gambling (as it predates the internet by over a century), you will not go to jail for gambling online.
An important aspect of this law is that it differentiates between games of luck and skill. Games of skill, where a player’s ability is tested, are exempt from the ban on gambling. As such, while games of pure chance (like roulette) are not allowed in theory, rummy (which was declared a game of skill by the Supreme Court) would be.
Dr. KR Lakshmanan v. State of Tamil Nadu – Supreme Court Case on Horse Race Betting
In 1996, the Supreme Court of India ruled against the State of Tamil Nadu and found that horse racing was a game of skill. The Court found that betting on horse racing was a game of skill as it requires knowledge of the horses, jockeys, and their form. This decision opened up one of the biggest sports betting markets to bettors in India.
Information Technology Act 2000
Although the Information Technology Act is a key piece of legislation related to online gambling in India, it doesn’t actually refer to gambling on betting whatsoever. Although some people have said that this law could be used to penalise online gambling as it legislates a wide variety of online activities in India. However, as of September 2024, no one has been arrested for online gambling under this legislation.
The Legal Importance of Games of Luck and Skill in India
In India, the difference between games of luck and skill is of huge importance when it comes to the domestic, legal Indian gambling scene. It has long been established by courts across India that betting on games of skill is acceptable, while betting on games of chance is not acceptable.
The trouble begins when courts start to determine what is a game of skill and what is a game of chance. Decisions on this matter have often been perceived as arbitrary: why, for instance, is horse race betting a game of skill while cricket betting is not? Why is online poker considered a game of chance, but rummy is seen as a game of skill?
Unfortunately, we don’t have an answer as to why courts across India have made these decisions. But it does go to show why some states offer legal online rummy for real money and why you can bet at the various racecourses around India. Fortunately, online gambling in India is easier than ever and you can legally play your favourite games and bet on your favourite sports!
State Gambling Laws
At the national level, the Public Gambling Act of 1867 is the main piece of legislation dealing with gambling in India. This act, however, is very old and predates the internet by more than 100 years. Per the Indian Constitution, most of the gambling legislation in India is enacted at the state level. In this section, we highlight some of the state laws and regulations relating to gambling. We encourage all players to research the law in their particular state.
Tamil Nadu
The state of Tamil Nadu is an example of a more restrictive approach to (online) gambling. A law was passed in early 2021 aiming to ban online gambling on Rummy or Poker, but this law was declared unconstitutional by the Madras High Court in August 2021. As such, online gambling is not illegal in Tamil Nadu at present, but always check the latest information if playing from Tamil Nadu as this may be liable to change in future considering the government’s attitude towards gambling.
Maharashtra
Residents of India’s second most populous state have more ambiguous legislation concerning gambling. In the state, it is only legal to gamble on certain games (namely online rummy and horse racing betting) but this primarily concerns gambling offline. There is no legislation in Maharashtra outlawing online gambling at present. So players in Mumbai, for instance, can play at offshore casinos without worry.
Sikkim
This state nestled in the Himalayan mountains is a unique example of state which has legal, regulated local casinos. Sikkim allows sports betting and betting on games of chance (such as real money roulette online) unlike most other Indian states. Local online gambling sites are only available to players in Sikkim, but offshore casinos are available to both players in Sikkim and the rest of India.
Goa
The beautiful Goa is famous for its beaches and its land-based casinos. For Indians looking to go on vacation, Goa offers both relaxation and the excitement of the casino! Unfortunately, Goa residents are not able to visit the physical casinos but they can still play online at offshore casinos. Goa’s gambling legislation also covers fellow former Portuguese colony, Dadra and Nagar Haveli and Daman and Diu
Nagaland
Nagaland is an excellent example of state which is fostering its online gambling industry. The Nagaland Government passed the Online Games of Skill Act in 2016, which allows it to issue licences to both domestic and overseas gambling sites so long as they only offer games of skill.
Nagaland even offers a separate poker licence, making Nagaland the only state in India to offer legal, domestic online poker.
Andhra Pradesh
Online gambling fans in Andhra Pradesh will be sad to learn that their state is one of the most restrictive in India. The Gaming (Amendment) Act of 2020 was one of the first in the country to specifically ban online gambling.
While online gambling at offshore casinos is still available to residents of Andhar Pradesh, we would recommend caution due to the very restrictive state laws.
How We Rate Sites for Online Gambling in India
With 1.5m+ site visitors, 200+ reviews and 20+ expert staff members, we continue to be the leading independent resource for gambling online. We update the site daily to ensure that you are playing with the most up to date information possible. Through a thorough vetting process, we’ve ensured that all the casinos on our site are safe, fair and fun to play at. Here is how we rate casinos:
Safety & Security
We want to keep your money safe. That's why we evaluate the casino's licenses and regulations, encryption strength and customer service. We only recommend casinos that our staff members play at, so you can be assured that they have top digital security measures.
Game Variety
Poker to roulette, teen patti to slots, we look at the games casinos offer to make sure they are top quality. All our recommended casinos have robust, reliable software behind their games. If they're missing a game or only offer a few varieties, we'll be sure to call it out.
Mobile Casinos
We know how important it is to be able to play whenever you want, so we test every casino for mobile friendliness. Some offer apps and some are browser-based. Most operate across Android and Apple phones plus tablets. You'll find all this information in our reviews.
Fast Payouts
When you hit the jackpot, you need to be able to access your winnings quickly and easily. We rate casino's payout speed, withdrawal options and minimum cash out.
Bonus Options
Casinos compete for customers by offering generous bonuses. We look at what kind of promotions they offer, who they are for and what play-through requirements they come with.
Deposit Options
How you deposit your money should be your choice, so we look for casinos with a large variety of options. By testing their safety and speed, we make sure that the casinos we recommend make their players a top priority.
