Introduction:
Many of the top online casino games in the world happen to be most widely played in India. With the increasing number of people getting access to good quality internet, smartphones and computers, there has been a sharp rise in the number of people playing such games over the past decade.
Gambling means a game of chance for money or something valuable accompanied by inherent risk and Casinos is the facility for certain types of gambling. Online casinos as the name suggests is the online version of traditional Casinos. It is a place where gambling games are played. They are most often combined with restaurants, hotels, and other tourist attractions. With the advancement of technology and arrival of the internet, one can now easily sit at home on their computer and play these games without wasting their money on travelling to such places. Online casinos and sports bettings are now enjoyed by many people all around the globe, including India. With its growing popularity, the question arises about its legality or illegality in the country.
Best Online Casino Games in India
- Roulette: It is a top-rated casino game, not only in India but all over the world. In this game, the player can bet on black or red portions of the spinning wheel, even or odd numbers, or a single or many numbers at the same time. The best part of the roulette is when the dealer places a marker on the table to ‘seal’ bets. This means that no player can make new or withdraw current bets on the table. It is the simplest of all.
- Indian Rummy: It is the second most popular casino game in India. It is a slight variation of the famous rummy 500 and gin rummy. It allows two to six players to play at a time. The dealer then makes two decks of cards for two players and three when there are more than two players. For every card they pick from the deck, each player must discard one card from their pile. A player wins the game when they score a zero.
- Slots: Slot games are easy to play and can be hugely rewarding. They often have between three to seven reels that are activated by clicking a button or pulling on a lever. One of the top reasons why Indians love slots games is because they feature advanced and exciting graphics.
- Blackjack: Every good casino must offer the game of blackjack. Blackjack is a game of skill and wits and attracts only the sharpest minds to play. Luckily, India does have plenty of intelligent minds. With many variations, it is a game that takes time to learn, even longer to develop a strategy and a lifetime of perfecting it. Blackjack is popular in India mainly because it features in many Bollywood and Hollywood movies.
- Poker: Poker is another card game in which the player places their bets on cards. It has become popular in India as a majority of the players are youngsters. It is easy to learn freely on many platforms.
Legal Framework in India
Gambling being a state subject under the constitution of India, its laws differ from state to state. Therefore what is permissible in one state might be an offence in other.
Public Gambling Act, 1867
It is primary, central and foremost legislation relating to gambling in India. It makes land-based casinos and a visit to such places illegal in India. But there is no precise definition of gambling in it and the punishments specified for contraventions is also very modest. Moreover, the legislation is more than a hundred years old with no reference to online gambling.
Information Technology Act,2000
Though it establishes various offences involving online activity, even then there is no specific mention of illegality of online gambling in it, leaving room for different interpretations. However, it does give the Indian government the power to block foreign websites. Additionally, the advertisement for games involving luck cannot be advertised on tv.
Prize Competition Act, 1955
It bans prize competitions in which prices exceed an amount of thousand rupees a month. Prize competitions mean a competition in which price is offered for solving any puzzle based upon rearrangement of words or letters, permutations or combinations.
Position in Different States
There are only two states in India having enactment specifically relating to the concept of online gambling. Maharashtra is the only state explicitly making online gambling illegal. Whereas in Sikkim, the state government has the ability to award licences to any operator that wants to provide online gambling services within the state. Other than these two there is no specific legislation on online gambling in India making it a grey area.
Game of Skill vs Game of Chance
There has been a significant debate on what constitutes a ‘game of skill’ and ‘game of chance’. While the former is legal, the latter is considered as illegal. Horse betting is not illegal in India as it is regarded as a ‘game of skill’ as there are specific skills involved in knowing and choosing the winning horse. In M.J Sivani & Ors v. State of Karnataka & Ors 1995 poker was considered as a game of chance while Rummy was considered as a game of skill in Play Games 24*7 Pvt. Ltd. V. Ramachandran K & Anr 2019. In Gaussian Network Pvt. Ltd. V. Monica Lakhanpal 2012 the court held that Game of skills if played with stakes does not amount to gambling and playing games of skills for money is only legal in real form and not in the online mode.
Conclusion
For the time being online gambling in India is unregulated and will continue to be a grey area until lawmakers come with some clear cut rules on the subject. Although there are various legislations in different states yet there is a need to characterise what kind of gambling is legal and which is not for the whole country.
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