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Is it legal to gamble in India?

Gambling is a very popular pastime in India, with sports betting attracting millions of customers every week.

Paradoxically, though, in many parts of the country it remains illegal thanks to an archaic piece of legislation passed in 1867 known as the Public Gambling Act. This has remained on the statute book ever since, and has not been repealed, with critics of the practice and self-appointed moral guardians of society arguing that gambling leads to crime, corruption, money laundering and other evils.

However, because gambling is a subject for individual States to decide, some states have legalised it to varying degrees. In Goa for example, there are casinos which are fully licensed and regulated.

That has led to the paradoxical situation that a citizen can place a bet in one State in the morning and be perfectly within his or her own individual rights, and then take a journey to a neighbouring State a few hours later and find themselves having broken the law.

Online gambling

Online gambling is in its infancy in India, and is not covered by the provisions of the 1867 Act.

The Information Technology Act of 2000 regulates cyber activity in the country, but makes no mention of gambling or betting, and it has been left to the individual discretion of the Courts as to how to interpret it, something they have managed to avoid doing so far.

However, Uttar Pradesh is in the process of preparing a draft bill that will penalise any form of gambling, including online, with those found guilty facing prison sentences of up to three years. Maharashtra has also decided to ban all forms of gambling within its territory.

And, at the Federal level, the Online Gaming (Regulation) Bill 2022 aims to optimise the gaming habits of the Indian people, and clarify the division between games involving skill and those based solely on luck.

Whilst the bill is expected to go through a number of various modifications before it finally becomes law, it does indicate a softening in the stance toward regulated gambling.

Foreign Casinos

India has no jurisdiction over foreign based businesses or web sites, and that means that it cannot punish or seek legal remedies against overseas betting companies that offer their services to Indians.

The only impediment stopping them joining foreign online casinos may be how they deposit and withdraw money. That is because some Indian banks have a policy that prevents customers depositing cash on gambling websites.

There are ways of getting round such restrictions. For example, bettors can use e-wallets and payment platforms like PayPal, Netter and Skrill to transact with casinos. Not only are they safe, but local authorities are not alerted when a payment is made to a casino.

Also, a number of casinos now allow players to make deposits and withdrawals using cryptocurrencies like Bitcoin and Ethereum.

And there are even a few casinos who allow players to deposit with Indian rupees.

Choosing an Online Casino

A common problem faced by online players everywhere is ensuring that the casino they wish to gamble with is above board and legitimate. There are scammers inhabiting the space so novices need to be wary.

Some useful tips:

Licencing

An online casino should have a gambling licence. Check on their website to make sure that they are regulated and who has issued the licence.

As a rule of thumb, licences issued by a reputable country such as the UK, Malta or Italy are better than those issued by places such as the Cayman Islands or Curaçao because the degree of regulatory oversight and requirements imposed on a casino operator are greater.

Online Reviews

Particularly when considering an online casino, potential new customers should read the online reviews and feedback from existing Indian customers first and see if they have been given a favourable rating on a reputable site like Trust Pilot.

Product Offering

Another way of assessing a casino’s reliability is to look at the games or sports that they offer. If their portfolio consists of well-known brand names, then it is a valid assumption that they are a safe operator. Games providers do not want their reputations besmirched by being associated with disreputable operators.

Customer Service

Another thing to consider is what customer service options a casino offers. Are there multiple ways to contact them – live chat, email, telephone – and does their website offer a help section and FAQs (Frequently Asked Questions)? In addition, is support available 24/7 or is it strictly time limited? If you have questions or issues, you need to be able to access a live person to help you immediately, not when they next open for business.

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