Legal Gambling Sites In India

India is a country that is very fond of sports betting. It has limited legal options, and it is very likely that as time goes on, further statutory regulations surrounding gambling will be set, thus turning gambling into a serious government revenue generator. Therefore, is online betting legal in India? At present the only forms of legal gambling in India are the horse racing and the lotteries. All other types of betting are officially considered illegal.

Bettors from India should know that many online bookmakers offer legal betting in India and that are willing to accept deposits in rupees. Before placing a bet, however, the bettor has to make sure there is a possibility for withdrawing the winnings in a natural way. Cricket is the primary sport that is being bet on in India, followed by the major international football competitions and basketball leagues, as well as the horse racing.

Passwords must contain at least Eight characters, including uppercase, lowercase letters and numbers. 4rabet Review Points The first thing to say about 4rabet is that this site is one of the most popular legal betting sites in India. 4rabet is a relatively new gaming platform actively developing in India. India is certainly not a country known for its gambling culture. In fact, it’s pretty much non-existent, no thanks to the outdated gambling laws that are in much-needed updating. However, the online gambling industry is a completely different story. From the all above facts, the legal situation relating to using online gambling sites in India is still unclear. Many of the major gambling sites welcome Indian players, but because these sites are operated overseas they aren’t necessarily governed by Indian law. As such this does not, by itself, mean that using a gambling site from within. However, LeoVegas, Parimatch, 10Cric, Bet365, 22bet India, Dafabet, etc. Are the most secure website for online gambling in India, and you can easily bet on your favorite sports.

There are millions of Indians that gamble using offshore companies, which are licensed and located in other countries. These people have faced no sanctions from the Indian authorities yet. This article will present you with an overview of the available gambling options, the existing laws, the most popular sports to bet on and the history of the sports betting.

Is betting legal in India?

The question on the legal betting in India is not entirely clear. India does not have many regulated gambling options. That is why there are not many companies that are based in the country. However, that is expected to change as the country is becoming more accustomed to the process and is legalizing now many forms of betting. Since 2019 there are two gambling companies which are operating from India.

The name of the first company is Delta Corp, and it is the only officially listed company for legal betting in India. This company holds licenses for three offshore casinos in Goa and one for a land-based casino. Besides, the company has a casino in Sikkim and is waiting for a permit for a casino in Daman. Since legal betting in India is still tricky, the company has won this in the state’s courts. The same company also owns Advani Pleasure Cruise Co, which operates the famous Casino Goa.

The name of the second company for legal betting in India is Pride Group. That is a privately owned casino company which has several casinos in the area of Goa. The difference between the two is that Delta is popular among the tourists and has serious entry fees for the locals, while Pride Group is more focused on the Indian market and has regular entry fees. The game selection of the casino is also focused on the local bettors.

The online betting sites have mobile betting available in the form of a betting app or through the mobile version of the site itself. It is estimated that more than 70 % of all wagers are now placed from a mobile device, and the figure is expected to grow. In general, the mobile betting sites have the same options as the desktop sites, yet sometimes the deposit and the withdrawal options can be limited to the smaller mobile devices. All sites have useful information on mobile sports betting with bits of advice and reviews.

Legal betting sites

As of 2019 many great betting sites are operating offshore, which are accepting clients from India and deposits in rupees. The top three recommended legal betting sites in India are Betway, Dafabet and Bet 365; however, there are many others which are good as well. So, let us dive into these three legal betting sites in India:

Betway is among the most popular gambling companies in Europe, with a strong presence in India. It provides various betting options, including large cricket markets, as well as numerous international sports.

Dafabet is a betting company with a focus on Asia, which has an excellent reputation among the bettors in India and which accepts deposits in Indian rupees. The website of the company supports many languages, offers various betting options, as well as slot games and live casinos.

Bet365 is believed to be the most well-known betting brand and the biggest bookmaker in the world, with a severe presence in India. This legal betting site has an impressive choice of cricket betting options, covering all cricket betting options and all the T20 international matches are included. It also offers all international sports betting and an excellent live streaming selection.

Betting laws in India

The states govern gambling in India. These states are in charge of regulating the gambling and have to state should betting be legalized in India. The Central provinces, Delhi and East Punjab, do not allow the public gaming houses. Several federal laws should be abided by the 29 Indian states. Thus, let us check these betting laws in India:

The Public Gaming Act of 1867, which states that it is illegal to operate a public gaming house. There are fine and imprisonment for up to three months.

Entry No.34 of List II of the Constitution of India, which allows the states in India to set their laws which surround betting. That law is expected to be amended to enable the states to regulate online gambling.

Information Technology Act 2000 is a legislation that covers many aspects of the online betting plus information that can corrupt people. The act includes provisions that are surrounding online gambling and the top penalties for providing this service in India. As a result of this, many states in India have brought in legislation that surrounds gambling. There are three states in India, namely Sikkim, Daman and Goa, which have laws that allow casinos and these casinos are operating with considerable growth.

In the middle of 2018, the Law Commission has submitted a document explaining why should betting be legalized in India. The report discusses the running of a cash-less industry which is to be monitored closely. It also recommends allowing the states to license and to regulate the gambling themselves. The government is also to receive tax on the money that is spent by the Indians. Despite these recommendations, this legalizing is still not desirable at present.

Is online sports betting legal in India?

Most of the sports betting sites will have separate and responsive mobile sites, that will show if the bettor is on a tablet or is using a mobile phone. The mobile versions of the websites are usually not as equipped as the desktop versions, especially the selection of bets and deposits, yet they have enough to keep the bettor satisfied. The question of whether online sports betting is legal in India seems not that relevant now as the bettors can use the legal forms of betting of the offshore betting sites.

The Indian bettors can use some gambling apps, most of them available to those that use Apple products. Android users have the option to use non-market apps or apps that can be downloaded from third-party sources. Users that are not using the two popular types of mobile devices will be restricted from using the mobile version of the chosen sites.

Is online casino betting legal in India?

The bettors that are new to the online casinos and want to play from India should know that this is possible. But is online casino betting legal in India? There are no licensed operators in India; however, bettors from India can place their bets at offshore casinos licensed from other countries such as the UK. The most popular online casinos include:

Dafabet with its more than a thousand real money games and an excellent reputation among the players for understanding the betting market in India and for the possible fast payouts. This online casino features some games that are known only to the players from India.

Jeetwin is an online casino that is licensed in Curacao, which accepts only players from India. It features some seasonal games that target the market in India such as baccarat, blackjack and live Andar Bahar.

The game options of the online casinos are unlimited, which means that the bettor can play hundreds of different slots games and the live dealer in case the games are streamed with a video feed. In the coming years, it is expected that more online gaming companies will spend a lot of money while developing games with a focus on Indians, especially when the regulation is finally accepted. This means that there will be a vast diversity of games that Indians can bet on at the online casinos. Until that becomes a reality, many Indian will use web-based wallets such as Neteller when betting at offshore gambling websites.

Online Gaming/Gambling laws in India prohibit betting or wagering and any act which is intended to aid or facilitate the same. Gaming/Gambling being a State subject, gaming/gambling in India have laws which differ from state to state . This would mean what is permitted in one State may be an offence in another. The Public Gambling Act, 1867, is the central enactment on the subject, which has been adopted by certain states of India like Uttar Pradesh, Punjab, Madhya Pradesh etc. The other States have enacted their own legislation to regulate gaming / gambling in India activities within its territory. It is to be noted that State Legislations have been enacted prior to the advent of virtual / online gambling in India and therefore references of gaming/gambling in India, in respective state legislatures are in relation to physical premises only, barring Sikkim and Nagaland which are the only States who have introduced regulations pertaining the online gaming.

After going through the State gambling laws for online gambling in India, it is found that, except the State of Orissa and Assam, most of the States have excluded ‘games of skill’ from applicability of its respective gaming/gambling laws. Further, playing certain games including ‘Poker’, both online and offline, is permitted under the laws of West Bengal, Nagaland and Sikkim subject to licence from the appropriate State Authorities. But this would be applicable only in the territorial limits of the respective State. In Goa, gambling is permitted only in Government permitted places operated as casinos.

The issue of online gambling in India laws in India still remains a grey area which is yet to be adjudicated by Courts of India. Having said that, necessary inferences can be drawn from orders passed by the Court while deciding the issue of whether a particular game is a ‘game of skill’ or a ‘game of chance’. But the issue of whether a ‘game of chance’, if played like a sport without stakes amount to gambling or not? still remains largely undecided.

Game of Skill v. Game of Chance:

There has been a substantial discussion by Supreme Court and High Court on what constitutes a ‘game of skill’ and a ‘game of chance’. What is adduced from the judgments is that a game where there is preponderance of skill over chance is a ‘game of skill’ and vice-versa.

By taking the above ratio into account, SC in the matter of State of AP v. K.Satyanarayana(1968) held the game of Rummy to be a ‘game of skill’. However, the Court in its judgment has indicated that if there is gambling or if the gambling house is making profit from the game of rummy, then it could amount to an offense under the laws of AP. It was further observed by SC that the three card game which goes under different names such as flush, brag, etc. is a game of pure chance. This was relied upon by SC in another its other judgments viz. M.J.Sivani v. State of Karnataka (1995) and Dr. K.R. Lakshmanan vs State Of Tamil Nadu And Anr (1996).

The issue of whether rummy if played with stakes amounts to gambling or not has not been decided by Supreme Court. However, Andra Pradesh High Court in D. Krishna Kumar And Anr. vs State Of A.P.(2002) (Annexure-2) relying upon the SC decision of 1968 held that till such time the state gambling Act is amended to lay down that playing Rummy with stakes is 'gaming', playing Rummy with stakes is not 'gaming' within the meaning of the Act and is therefore allowed.

Delhi District Court: Gaussian Network Pvt. Ltd. Vs. Monica Lakhanpal

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The issue of Online Gaming/gambling laws in India was discussed in detailed in the above case when the issue was put up before the Court under Order 36 Rule(1) of CPC by the parties. The Court held the following:

• Game of skills, if played with stakes does not amount to gambling;
• Playing games of skill for money is only legal in the real form, online games cannot be compared to real games;
• Attracting business or enticing players by alluring them with prize money is illegal;
• Gaming sites partaking a slice on the winning hand are illegal as they amount to a virtual gambling house.

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Having said that, the said ruling was rendered infructuous as during the final arguments in the Revision petition, parties sought to withdraw the petition. So the effect being there is no ruling which can be treated as a precedent as regards online gambling.

Gujarat High Court on Poker:

Legal Gambling In India

The issue whether Poker is a ‘game of skill’ or a ‘game of chance’ was never discussed in detail by any Court in India until the recent decision/order dated December 4, 2017 passed by Gujrat High Court in Dominance Games Pvt. Ltd. V. State of Gujarat, wherein, the said issue was extensively pondered upon. The Court in its said decision held that Poker is a ‘game of chance’ and therefore amounts to gambling under Gujarat Prevention of Gambling Act, 1887. While arriving at the aforesaid decision, the Court inter alia observed the following:

• That the game of poker originated from ‘flush’ or ‘Indian teenpatti’ which has been observed by SC as a game of chance in its 1968 judgment and consequently, as a corollary, the game of poker is also to be construed as a game of chance;
• The game of poker involves a process wherein the players have no control or say on the cards received by them and the final outcome is based on mere luck or chance depending upon how the cards are received by the player. Poker face to bet, would be a part of bluffing or deception and the so-called strategy, cannot be considered as a skill. The outcome also depends on the ability of a player to spend money and how deep are his pockets. It is a game of deceiving, bluffing and duping other players;
• The game of Rummy is different than Poker. While poker involves betting or wagering, rummy has nothing to do with stakes and betting or wagering is not essential to the game of rummy;
• The Court while noting the ills of gambling and impact of gambling on the moral fibre of society noted that ‘one must not overlook the ground realities in India or the country like India, where the majority of the population is struggling for the basic necessity and there is lack of awareness amongst the people and if they are permitted by betting in the craze of easy money, they do not know what to do if the things go wrong.’

Mr. K.N Suresh, Secretary of Indian Poker Association has filed an appeal against the said order, being Letters Patent Appeal No. 2625 of 2017 before the Division Bench of Gujarat High Court. The bench after hearing the matter briefly on December 28, 2017 issued notice to the state government and other respondents, and till date the matter is not heard finally. Having said that, since no ad-interim/interim reliefs are granted presently, the Single Judge order stands valid and enforceable.

Though the order does not specifically make any observation on Poker, if played as a sport and/or without stakes, however, while differentiating between rummy and poker, the Hon’ble Court at para 60 of the said order makes a presumption that wagering or betting is an inseparable part of the game of poker and therefore would involve stake. The Court while holding Poker to be a ‘game of chance’ has also predominantly relied upon moral religious and social grounds. In the absence of the said order being overruled and the issue being addressed specifically, the game of poker, even if played as a sport and/or without stakes remains a grey area which is then left at the discretion of police authorities.

POSITION:

Though the issue of Poker was considered by Gujarat High Court in view of the provisions of Gujarat Prevention of Gambling Act, 1887, in arriving at the decision of Poker being a ‘game of chance’, the court made several observations like how the game is played, origin of the game, reference to ancient Indian literature, moral and religious grounds, etc. which may be applied by other states/state machinery having similar gambling laws. The issue is likely to be clarified by Division Bench of Gujarat High Court, once the appeal is finally heard.

In view of the above, it is clear that if a game is considered to be a ‘game of chance’ under the state laws and rulings by the Courts and is played with stakes, would constitute gambling under the respective state laws with exception pertaining to a few states as mentioned above. If an entity is able to show that a particular online game or a particular on-ground gaming activity has preponderance of skill over chance and/or is played as a sport without stakes, it may fall within the exception of gaming/gambling under the state gambling laws. It is pertinent to note however that if online gaming is illegal in any State, the promotion of the same in such State would amount to violation of ASCI Code as well as Cable TV Network Regulation Act, 1994.

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