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IS ONLINE BETTING LEGAL IN INDIA?

Arnabh Singh

This is a question many bettors have – Is online betting legal in India?

So, we have chosen to publish this extensive post to provide you the valid response and help you to play lawfully in India.

We realize why so many of you have this issue.

Indian internet betting law is ambiguous and confusing many users.

Nobody of us wishes to violate the constitution.

In order to discover the proper answer, we have chosen to work with some of India’s leading legal experts to ensure we are on the right side of the law.

Read on and I hope this article will help.

Apka dost

Arnabh

BETTING LAWS IN INDIA: THE BACKSTORY

 

The Public Gambling Act of 1867 was the first to make gambling illegal in India during the colonial era.

This rule makes it unlawful to provide betting services across India, as well as attend and utilize a public gaming facility.

The Indian betting legislation does not address online betting because it was written several years before the internet was invented.

So the internet arrived, and people began to wonder: Does this indicate that online betting is permissible because it is not specifically prohibited by the 1867 law?

Yes, to put it bluntly.

The Indian government could have modified the legislation to completely outlaw internet betting if it had wanted to, but it never did.

EACH STATE LAW IS DIFFERENT

The Indian constitution was adopted in 1950. 

States are free to make their own betting legislation, according to the constitution.

Rather than adopting a federal legislation prohibiting or legalising online betting, the federal government gave  states the authority to determine whether or not it should be allowed.

This implies that every Indian state has its own internet betting legislation.

Some are more stricter and others have lenient laws.

Example: Skill games are permitted, but luck games are forbidden, in the State of Maharashtra.

The local administration in the state of Sikkim is active in legalising internet betting and regulating this. 

The applicants of betting companies that want to offer gaming in the state started applying for licenses.

No explicit regulations concerning internet betting made it a legal grey area in most other Indian states.

It is not allowed and unlawful to gamble online, for instance, in the State of Tamil Nadu.

Therefore, in any state except Maharashtra, it’s not a crime to play online.

The legal perspective – Is cricket betting based on chance?

As previously stated, several states permit skill-based games but not luck-based games.

So how does a game of skill vary from a game of luck?

A skill game is a game  where knowing much more about the game, may enhance the likelihood of succeeding.

This argument is that internet betting should be seen as a skill game.

The more you know about a specific sport, team or competition, the more are your chances of success in online betting.

Is betting on cricket illegal?

 

Let’s pretend Team India is facing the West Indies in a test match.

You know all there is to know about both teams, including the pitch, the weather, their form, and so on.

With this knowledge, you have a far larger probability of making your proper bet on the match result than someone who knows nothing about the game and the two teams, right?

Online betting is therefore obviously a skill-based competence game.

Hence, in many Indian countries, it is is regarded legal as such.

A game of luck is a match in which the participant or a participant’s knowledge has no effect on the game’s end result.

Roulette is one example of a lucky game.

Regardless  how often times you studied roulette, you have no set chances of victory.

Once the little ball is placed in the roulette wheel, it might rest at any place and your wager is just as good as mine.

The legality of horse-racing

Horse betting is believed to be a game of skill but cricket betting isn’t!

You need skill to bet on cricket matches

The Supreme Court of India determined in 1996 that horse race gambling was allowed since it is not based on luck but on competence.

That raises the question, why do horse racing bets depend on talent but cricket or soccer bets don’t?

Predicting the result of a cricket match needs at least the same talent, isn’t it?

Although we believe that horse race betting should be permitted, the distinction between horse racing and other sports appears strange.

We feel that the main reason politicians have made a decision to regulate race betting is just because they if they ban it, the horse production in India will come to an end.

This is an extremely profitable business in India, so it can’t be shut down.

One could also argue, is it not hypocrisy to outlaw betting only to allow it in a few of selected games like horse racing and rummy?         

This is a glaring illustration of India’s inconsistent betting regulations.

The Government should apply uniform norms everywhere and make it consistent – is our point of view.

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Is it legal to gamble on the internet in India?

Yes, online gambling is legal in India. 

There are no federal regulations prohibiting Indians from participating in internet gambling.

Indian states may enact their own gaming laws, with some states enacting more stringent regulations.

However, in the big scheme of things, internet gambling is still legal in the majority of the country.

Will online betting become legal in India ?

There is no clear answer to this.

As per experts, the government has been examining this issue for a long time but there is no clarity yet on the exact timelines.
No one knows when exactly internet gambling will be totally legal in India.

It’s possible that it will happen this year or next. Or it may not happen at all.

Whatever happens, you can be certain that Jeetbig will always be available to provide you to lawful and secure online betting sites.

To conclude,

Do not be concerned.

Despite the fact that the present betting regulations are ambiguous and confusing, online betting is nonetheless legal and secure in India.

We propose that you register on one of the following legal gambling websites to get the perfect start.

Is online betting legal in India – Current position based on Indian law

We have joined with a leading lawyer on betting in India, Mr Manoj Mishra, senior advocate at the Odisha State Bar Council to provide you with the proper solution to this issue. 

He will try to provide us in this post the most legal and proper information through our conversation with him. 

Let’s thus start from the outset.

The simple question we asked Mr. Mishra was: is internet betting legal in India?

And the reply he provided is here:

“The legality of utilising online betting services in India is debatable. The 1867 Public Gaming Act contains no mention of internet betting”

From this reply we may conclude that internet betting is not listed and is hence not technically forbidden under Indian betting legislation.

On the contrary, the Indian government has given the States the responsibility to determine whether to authorize or prohibit internet betting in their respective state.

Is online betting punishable by law?

We questioned Mr. Mishra whether there has been any Indian citizen punished for the use of an online website. 

He said: “We definitely don’t know that any Indian is punished or charged with utilizing a site for a crime.” He said.

Most individuals should be comfortable with this response.

It indicates that the government doesn’t walk around and prosecute those who wager online in India.

This response should put the majority of people at rest. It demonstrates that the Indian government does not go about punishing people who indulge in internet betting.

FINAL WORD- IS ONLINE BETTING LEGAL IN INDIA?

The legality of online betting in India is still a contentious topic. 

Local state laws and federal laws sometimes contradict one another.

Local state laws and federal laws can occasionally be in conflict.

As a result, various legal professionals in India will have their own interpretations of the law.

We must assume that internet betting will remain a legal murky area until the Indian government sets a more defined set of regulations.

Fortunately, we may be assured that no Indian has ever been charged, much less convicted, for utilising internet gambling sites.

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