Gambling has been a debatable topic in India as there is no concrete decision on the subject, and the intentions of the government remain very uncertain. There are 13 states where lottery is legal in India, and only Sikkim and Goa have legalized many other forms of gambling as well.
There are plenty of grey areas too, as horse racing and rummy are considered to be skillful games and are free to bet on, but poker and cricket do not enjoy the same status.
Which are the states where the lottery is legal in India?
As of 2020, 13 out of 28 states and 8 union territories have legalized betting and playing the lottery, online or offline. These states are:
- Arunachal Pradesh
- Assam
- Goa
- Kerala
- Madhya Pradesh
- Maharashtra
- Manipur
- Meghalaya
- Mizoram
- Nagaland
- Punjab
- Sikkim
- West Bengal
Why is lottery legal in only some states?
Despite having centralized acts, different states have different gambling laws because of the Seventh Schedule of the Constitution of India that explicitly gives the right to legislate and make separate policies related to “gambling and betting” to the states. The Seventh Schedule Entry 34 List II mentions that the states can legalize betting upon their discretion. Some of the essential gambling laws and betting acts in India are as follows:
- The Public Gambling Act, 1867
- Payment and Settlement Act, 2007
- Assam Gaming and Betting Act, 1970
- Bombay Prevention of Gambling Act, 1887
- Goa, Daman and Diu Public Gambling Act, 1976
- Karnataka Police Act, 1963
- Madhya Pradesh (C.P.) Public Gambling Act,1867
- Madhya Bharat Gambling Act, 1949
- Orissa Prevention of Gambling Act, 1955
- Public Gambling Act, 1867 Constitution of India, Seventh Schedule, List II, Entry No. 34
- Punjab Public Gambling Act, 1867
- Sikkim Online Gaming (Regulation) Act, 2008
- Tamil Nadu City Police Gaming Rules, 1949
- Tamil Nadu Gaming Act, 1930
- The Andhra Pradesh Gaming Act, 1974
- The Andhra Pradesh Gaming Rules, 1976
- The Delhi Public Gambling Act, 1955
- The J. & K. Public Gambling Act, 1977
- The Kerala Gambling Act, 1960
- The Meghalaya Prevention of Gambling Act, 1970
- The Pondicherry Gaming Act, 1965
- The Rajasthan Public Gambling Ordinance, 1949
- The West Bengal Gambling and Prize Competitions Act, 1957
- The West Bengal Gambling Rules, 1958
- Uttar Pradesh Public Gambling Act,1961
Out of all these, let us look at the most important ones that deal with online betting and gambling.
The Public Gambling Act of 1867
The Public Gambling Act of 1867 is one of the oldest acts created during British rule. It is fundamentally instrumental in giving a ‘grey’ legality to gambling and betting in the country. This old law declares operating, financing, visiting a gambling house, or possessing any device related to it, illegal. However, the penalty is a fine of maximum Rs. 200 or up to three months imprisonment. However, for recomended online Casinos in India, you may visit pro Indian casinos.
The act states, “nothing in this Act shall apply to games of mere skill wherever played,” which means, in the absence of other laws against them, wagering on games of skill is legal. The competitions where success depends on a substantial degree of skill are not “gambling,” Despite there being an element of chance if a game is preponderantly a game of skill, it would nevertheless be a game of “mere skill.”
Payment and Settlement Act, 2007
This Act was passed by Ms. Pratibha Patil when she was the president, and it went into effect on 12 August 2008. The act gives complete authority to the Reserve Bank of India (RBI) to regulate all forms of electronic payment. This act is essential as all sorts of payments upon winning the lottery or gambling are made online.
Information Technology Act, 2000
The IT Act of 2000, revised in 2011, is responsible for maintaining legal order in the internet world of Indian users. It instructs the ISPs and web hosts to provide and block content as per the legal values of the country. In the states where the online lottery is legal in India, the IT Act allows the states to make use of the internet this way.
Where do Indians gamble online?
As there are many loopholes in the legalities and 13 States even openly support betting, online gambling has started taking shape in India. There are many accessible websites for those who want to bet online from the country. However, Lottoland remains the favorite of the country when it comes to playing online lotteries.
Does the government want legal online betting?
On the business front, the government wants to legalize online betting in the country as it would curb corruption through illegal bookies. They allegedly fix matches and support terrorism through the prize money.
The International Cricket Council (ICC) has also requested the Indian government to partner with offshore companies such as those in the UK and connect them with Indian casinos to have a structured internet wagering system. This will also boost the economy as the government can heavily tax the betting and gambling structures. However, opposite views exist in countries like the USA who strictly want betting to be banned. Amidst a global conflict, the legality of gambling in India remains debatable.
As you can see, there are many downsides to the Indian legal provisions regarding gambling and betting. Even casinos and giant lottery institutions are eyed suspiciously by the majority population of the country. However, it is only a matter of time before online licenses are allowed to run betting and lottery systems from all over the country.