Online Casino India Legal – According to a study conducted by KPMG India in September 2019, the online gaming industry in India will be worth Rs 2,503 crore by 2024.
Gambling is banned in India. The Public Gambling Act of 1867 and several local acts passed by the states made it a legally prohibited activity, with penalties ranging from monetary fines to years in prison. Despite these laws, the Federation of Indian Chambers of Commerce and Industry (FICCI) estimates that the size of India’s illegal gambling market exceeds Rs 3,00,000 crore, roughly equivalent to the size of India’s defense budget in 2019. The this amount exceeds India’s combined expenditure of $10 billion or Rs 7,500 crore on agriculture, education and health.
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The CBI report on “cricket match-fixing and related misconduct” mentioned the emergence of betting syndicates and cartels, run by grassroots bookies and punters, and hinted at the involvement of the underworld. That was nearly 20 years ago, and betting on any one-day international match anywhere in the world was said to be in the billions.
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Today, betting is done online, with clean interfaces, embedded payment systems, dashboards to calculate odds, alert notifications and mobile apps.
There is some ambiguity in the application of gambling regulations to the online space, as the law is more suited to take action against brick and mortar casinos and related equipment. Complicating this is the designation of certain games as “games of skill” where “success depends primarily on the knowledge, training, attention, experience and advanced proficiency of the player” and players can trade while playing the same game, bet and exchange money. Policy conundrums around gambling, especially in cyberspace, must be addressed as this can be an opportunity to prevent harm and potentially increase revenue.
Section 3(2)(b) of the Information Technology (Media Guidelines) Rules 2011, section 87(2)(zg), read in conjunction with section 79(2) of the Information Technology Act 2000, makes “Intermediaries”, internet service providers, search engines, telecommunications operators etc. are required not to host or transmit any content related to or encouraging gambling.
According to the constitution of India, betting / gambling is a state subject and each state has exclusive legislative power to make laws within its own state. Most of the state legislation and the Public Gaming Act of 1867 came into force before the advent of online gambling/gaming.
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Gambling laws prohibit gambling/gambling in most states, but make an exception for games of skill. Therefore, if the game qualifies as a game of skill, the prohibition of the Gambling Act will not apply. In RMD Chamarbaugawala v Union of India, the Supreme Court relied on a “skill test” to determine whether an activity was gambling. The court ruled that a game that substantially involved skill was not a gambling activity, but a commercial activity, protected by art. 19(1)(g).
To understand the current legal status of online gambling/gaming, we have to look at the following categories: fantasy sports, betting, casinos, lotteries and poker.
A. Fantasy Sports: Games based on skill are exempt from gambling regulations. The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act 2016 specifically recognizes virtual team selection games and virtual sports fantasy league games as games of skill like Chess, Sudoku, Quiz, Binary Options, Bridge, Poker, Rummy Solitaire, Siesta , Spades, Auction, Solitaire, Virtual Golf and Virtual Car Racing games. If you want to offer such games online in Nagaland, you must get a license.
The fantasy sports format of Dream 11 was recently recognized as a game of skill by the Punjab and Haryana High Court. Even the Bombay High Court in Gurdeep Singh Sachar v Union of India recognized this form of fantasy sports as a game of skill.
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B. Betting: The Supreme Court in the case of Dr. K.R. Lakshmanan v State of Tamil Nadu held that horse racing betting is a game of skill and therefore not subject to the prohibition of most betting statutes. These exceptions in the gaming regulations are subject to certain conditions which are difficult to meet if it is horse racing online. But regardless of these exceptions, the debate about whether horse racing is a game of skill will always stand.
C. Casinos: Casinos fall under the category of gambling and betting, which is prohibited by most laws. As per the Sikkim Online Gaming (Regulation) Act 2008 and the Sikkim Online Gaming (Regulation) Rules 2009, some sub-categories of casino games may be available only through the state intranet in the state of Sikkim.
D. Poker: Poker is considered a game of skill in some states in India: (1) Laws/statutes, eg West Bengal, specifically exclude poker from “gambling” for gambling and prizes in the Competition Act Beyond the Definition of West Bengal, 1957; Nagaland State Act clearly classifies poker as a game of skill; a
(2) Courts such as the Karnataka High Court have also held that under the Karnataka Police Act, 1963 (“Karnataka Act”), a license is not required when poker is played as a game of skill.
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Instead, in the case of Dominance Games Pvt. Ltd v State of Gujarat, the Hon’ble Gujarat High Court recently ruled that poker is a game of chance and a gambling activity under the Gujarat Prohibition of Gambling Act 1887 and is therefore currently banned in Gujarat (an appeal challenging this is pending review).
In Geeta Rani v Union of India & Ors, the Supreme Court dealt with the question of whether sports betting is a game of skill. If the ruling concludes that sports betting is a game of skill, it would be exempt from most gaming statutes and could be offered in most Indian states that recognize the game of skill exemption.
Despite the above decree declaring gambling illegal, there are still offshore gambling sites that illegally offer websites to Indian citizens and accept bets from India, in violation of the Information Technology Act 2000 and the Exchange Control Act Foreign 1999.
Governments around the world have been regulating gambling as a licensed and regulated activity due to social, ethical, moral and religious considerations. However, lotteries and horse racing, as well as some “games of skill” were allowed to continue in a limited manner. On the other hand, some countries have a monopoly on gambling and use it to generate tax-free revenue and tourism windfalls.
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However, the Internet has broken this model by breaking down jurisdictional barriers, and now players and event organizers can take advantage of jurisdictional arbitration to place bets freely, convert currency into local or international currency, transfer money digitally on across borders, and even allowing digital Currency to physical currency conversion, all in real time.
Legal regulatory and policy dilemmas emerge in the form of conflicting goals and suboptimal solutions, ranging from unavoidable harm to surrender of jurisdiction. On the one hand, anti-money laundering (AML) norms and player authentication (know your customer) need to be strictly enforced, but any legalization can also have harmful human and economic effects due to higher social costs. Problem gamblers and new addicts can cause harm to society in the form of crime and bankruptcy costs, while problems associated with a decline in quality of life and social fabric can pose serious challenges to countries that legalize gambling activities for economic purposes. These issues were examined in detail in the Law Commission’s 276th Report.
The banning of internet gambling/gaming has led to the establishment of Indian internet gambling sites in other countries with little or no ban. Despite the restrictions on internet gambling in India, Indians still gamble online. A blanket ban in the virtual world is out of the question, so internet gambling will remain popular among Indians despite the restrictions. Therefore, it is very important to create an effectively regulated Internet gaming environment. The introduction of regulatory policies and standards regarding Internet gambling will also pave the way for the country to protect its citizens by preventing underage gambling, controlling the production and circulation of black money, enforcing a responsible gaming environment/rules, and ensuring market transparency. In addition, revenue generated through regulation and taxation of betting and gambling can be a good source of income which in turn can be used for the public good.
According to a study conducted by KPMG India in September 2019, the online gaming industry in India will be worth Rs 2,503 crore by 2024. India is losing about $1.5 billion a year in lost revenue because there is no system in place to regulate or taxing online gambling. Now is the time to align and balance conflicting goals to maximize the public good. As it is impossible to completely eliminate online gambling, effective regulation remains the only viable option. India can learn from the experience of several countries and jurisdictions that have regulated online gambling in its various and evolving forms, with considerable success. Especially in the post-Covid rebuilding period, other drivers
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