When somebody talks about the legality of a certain thing, the first thing that comes to mind is the laws that exist in that place for that specific thing. Is Online Gambling in India legal? To answer this question, we need to look into the legalities that revolve around Gambling and internet gambling. Also, what the laws have to say about the activity, so on and so forth.
If we talk about whether one can partake in internet gambling or Gambling in general, then yes! Although allowed, there are such regulations in place to overview internet gambling. It is true that there are no restrictions when regulations do not exist. At the same time, protection, too, is not available for those who indulge in internet gambling. What it means is that in case of fraud or cheating, the respective state is not responsible. That is because proper regulations for internet gambling do not exist in most states of India.
States with Regulations
Besides, there are some states, such as Sikkim who started or are starting to move towards regulation of the framework of internet gambling. In that regard, the state of Nagaland is another state with such types of guidance laws. But, there exist three more states that are working for such a blueprint framework to control internet gambling. The three states are namely, Andhra Pradesh, Telangana, and Maharashtra.
Even though internet gambling is illegal in most states, there has been no FIR or cases to date.
Laws Regarding Online Gambling in India
All in all, there are three Union laws that talk about Gambling in general. Out of the three laws, only one of the laws deals in detail with the act and aspects of Gambling. While the other two relate to the provisions of Online Gambling in India. It is because the other laws take into account online financial transactions.
Information on the Three Laws
- The Foreign Exchange Management Act of 1999
The FEMA Act states that it is illegal to put money into their Online Gambling account in a form that is not in Indian currency. It is because the act considers that an illegal method for currency conversion.
To avoid getting into trouble, Online Gamblers have two options:
Gamblers can make the transaction in the Indian currency. The only downside is that the method is bothersome for both parties. It is because it requires internet gambling sites or casinos to make use of geolocation services.
The most sought out method is the use of electronic wallet payments for internet gambling.
- The Public Gambling Act of 1867
It is also known simply as the Public Gambling Act; it is the flashiest union law when it comes to Gambling. Initially, the law only applied to ten states in total when India was still under British control. The law is now applicable to all those states that do not possess provisions on all forms of Gambling.
Also, Section 12 of the act clarifies that skill-based games do not come under the act of Gambling.
- The Information Technology Act of 2000
The IT Act pertains to provisions related to internet gambling. Not only that, almost any type of activity on any online platform comes under the ambit of the act. According to the IT Act, Online Gambling in India is not illegal. Thus, the govt cannot stop foreign gambling sites.