Can Indians Play Online CASINO...??

Background

No laws exist in India dealing specifically with online casino gambling.  However the position maintained by the government is that online gambling is illegal by virtue of the laws related to gambling in India generally which are prescribed in the Public Gambling Act 1867.  This Act provides that both the running of a 'gaming house' and participation in gambling within a gaming house are offences. 

A gaming house is defined as:

"any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming or of the house, enclosure, room or place, or otherwise."

As at the time of writing no amendments had been made to this antiquated law drafted in 1867 to address online gambling, but with the surging popularity of the internet as a betting medium in India - particularly for betting on games such as cricket, any policy with regard to online gambling will need to be addressed more specifically if it is going to be effective.

As noted by Salman Waris, head of technology law at FoxMandal Little, "The Indian Government has not been able to come up with specific laws by amending the Public Gambling Act or making the IT Act cover online gambling both directly or indirectly...Anyone who has a credit card or a debit card can become a member of a betting site, and play for chance. The wins are credited to the individual’s account or mailed. Though, Indian laws prohibit remittances of foreign exchange for gambling related activities, the transactions are barely monitored unless they are of high volume."

Further details on the Public Gambling Act and associated commentary may be found at India's government portal

[Update December 2009]

The East Indian state of Sikkim is to offer India's first online gambling license.  A number of large European based operators including William Hill, Ladbrokes, and Betfair are involved in the license application process.  The license will give the successful applicant the right to advertise via mainstream media in Sikkim, and also offer their product to the wider Indian market. The development will likely pave the way for further licenses being awarded in Sikkim and possibly other larger Indian states.


Online Gambling in India
Online gambling in India is neither legal nor illegal. In fact, there are no provisions whatsoever in Indian law that mention gambling online. Because land-based gambling is banned through much of India many assume this extends to the internet, but there are no enforcement policies that might prevent Indian players from gambling online, so it happens regularly.

While the Indian government does not really give out licenses to operate internet gambling sites in India, there are a few legal websites where players can place bets. In March of 2002, India's first online gambling site was established. The site is for Sikkim Super Lotto. To date, it is the only legal gambling site hosted in India. Players who want to enjoy poker, bingo, sports betting, or casino games online must use foreign gambling websites.


Though a lack of specific gambling regulations does not allow the growth of online casino gaming right now, there have been recent events which have compelled the government to rethink their position on betting and online gambling. Meanwhile, there are some world class online casino portals which offer their services to Indian players who are interested in trying out their luck and their skills online.