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Is Online Casino Legal for Indian Players

10:392021

The legality of online gambling is an oft-ignored topic among online gamblers. Not many care about it. However, it is advisable to be mindful of regulations. In particular, Indians playing online casino games in India should check their local laws to avoid problems.

Gambling legalities should be taken seriously. While not many get fined or sent to jail for gambling online illegally, it would be a dreadful experience to become one of the few to get entangled with gambling laws.

Is online gambling legal for Indians?

According to India Casino Info, the regulation of online gambling is relegated to state prerogative. India’s federal government does not say that online gambling is legal, but it also does not say it is illegal. It is up to the state legislatures to come up with the legal framework on allowing or prohibiting online casinos and other forms of games of chance.

India’s Parliament has not decided with finality whether or not to legalize online gambling. For now, the parties taking the affirmative and adversary sides appear to be on equal footing. There has been no federal resolution on how to deal with online gambling yet.

Fortunately, only the states of Maharashtra, Andhra Pradesh, and Telangana have strict laws against online and land-based gambling. Outside of these states, no legislation has been enacted to consider online gambling is illegal.

Many states in India already explicitly permit online gambling. Some have come up with better regulations to protect players and generate revenues for their states. Goa and Sikkim, for example, have legalized and regulated gambling in their states. They are also two of the only three states in India with legal land-based casinos. The third is Daman.

Are offshore casinos legal for Indians?

Offshore casinos are another grey area in Indian laws. It is important for players to check their local regulations before playing. However, the general status is that they are not illegal. Citizens and non-citizens can play at online casinos hosted on foreign servers and made available to players in India.

Legal

Offshore casinos are allowed to serve Indian players. There are no special requirements for players, but the casinos should support the Indian rupee as one of their currencies or maintaining account balances and withdrawing payments.

Online gambling is still at its early stages in India. The rules are still not well established. This may be good for some as it means everyone can play without regulations getting in the way. However, it may be disadvantageous when it comes to fraudulent online casinos and other possibly felonious activities. Many scammers employ online casinos to rip off players. Without regulations, it will be difficult to identify legitimate gambling sites and hold the defrauders accountable.

Just like viewing a glass half full or half empty, the legality of online casinos in India is not that well-defined. To be safe, it is important to get acquainted with the state or local laws first before engaging in any online gambling activity.

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Quit while you're ahead. All the best gamblers do. - Baltasar Gracián y Morales
The thing which Amygdala part of the limbic system of 21st century's Homo Sapiens seek for is, “Glamour”! Irrefutably, glamour is associated with money. Money allures every mortal soul and on the contrary part it's not easy to earn money, especially in this era. With the technological advancements, there is cut throat competition for getting jobs. Among all this rush there is an alternative path which some people may consider as a leap of faith, where your luck can make you rich from rags in just one shot! in this article we will discuss in brief about how casinos work?, how do they make profits?. Apart from this we will discuss the legality of casinos in India.

Casinos and handles

A casino is made for gambling. games like Blackjack, slot machines, poker and roulette wheel are played here. usually casinos are in some 5 star hotels. when we take name of casino first thing that comes in our mind is Las vegas, also known as gambling capital of USA.
Most of us have never been to any casino but we always have a thought in our mind of how they make money.
First and foremost is handle. Handle is the most important part for the gaming operator, handle is basically the total amount of bets by the players involved in the game. players put their bets in the handle, handles are made of chips or cash. money can go either two ways, either player loses it or wins it.

How casinos make money

Considering casinos as a business model, handles are obtained through the product of 3 things, average bet, time spent and capacity use. Most of the casino games are based on your average bet and the time you spend in that particular machine and it depends less on how much you have won or lost, similarly in case of slot machines capacity use plays a vital role as a casino with more slots machines will make more money.
Every casino sets a minimum amount to enter a table, it is tough to find a table for a black jack game that has a minimum bet of 2$(140inr) or 4$(240inr). Players may wish to play but the principles of casino may indicate a minimum charge of 25$ to play a round of blackjackThe dealer is in a position to urge up to 375 hands to the player. If all the six players bet at $2, the whole wagers are going to be about $750. That's if you exclude the double down and also the splits. On the opposite hand, if one player bets at $25, then the table will produce $4,125 in barely one hour.
Till now we discussed what are casinos, how do they work and now we will discuss about legality of these casinos in India.
Gambling is legal:
Gambling Act also known as The Public Gambling Act,1867 is the law made to govern gambling in India. Gambling is a state subject, and only states in India are entitled to formulate laws for gambling activities within their respective states, Goa and Sikkim are the only exceptions which have allowed gambling and betting in their state, subject to regulation of their respective state Governments. Some states like Goa have legalised casinos.
The state of Goa allowed gambling after the formation of Goa, Daman and Diu public Gambling Act,1976. Later it was amended to allow slot machines in five star hotels and card-rooms in offshore vessels subject to prior approval and authorization of the State Government on payment of a specified recurring fee.

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The state of Sikkim Made gambling legal after the enactment of The Sikkim Regulation of Gambling (Amendment) 2005 authorises the State government to inform the specified areas where permission can be granted for running of casinos on payment of a specified fee.
In India at present there are 2 Casinos in Sikkim and 10 in Goa, this gives an overview about gambling laws at present in India and this can been seen that there are extensive restrictions on any kind of wagering and gambling activities in India. in India all the gambling legislations have removed the Games of skill from the purview of gaming in India. There have been vast discussions regarding differentiating games of skill and games of luck, as games of luck can be considered in gambling as in game of luck a person's intellectual plays a very little role

Game of skill and Game of luck

In India all the gambling legislation has removed the Games of skill from the purview of gaming in India. There have been vast discussions regarding differentiating games of skill and games of luck, as games of luck can be considered in gambling as in game of luck a person's intellectual plays a very little role.
Gambling can be understood in its 2 different forms in its traditional form as well as its modern avatar. In traditional gambling context it can be understood in brick, physical space and motor format, whereas in modern formats include internet, mobile phones etc.
Case law
State of Andhra Pradesh v K. Satyanarayana and Ors [AIR 1968 SC 825] court said that
The game of Rummy is not a game entirely of chance like the 'three-card' game mentioned in the Madras case to which we were referred. The 'three card' game which goes under different names such a 'flush

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', 'brag' etc. is a game of pure chance. Rummy, on the other hand, requires a certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards.
We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and predominantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge.

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Conclusion
Gambling laws as in India seem to be unclear and confusing. Judiciary had made an effort through case laws to provide transparency and clarity in laws of gambling, also considering recent technology changes in our society this has enabled more number of people to participate in this gaming activities. Keeping my point of you, gambling under the governance of The Public Gambling Act(1867) should be encouraged and more number of casinos should be established throughout India.
We being a developing country Casinos would attract more number of tourists in India as well Casinos contribute a fair amount in the country's economy.as according to reports gambling and betting are considered keys of economy in Britain. It is advisable that before someone ventures into any gambling activity in India, he/she may take a sound legal advice in respect of the same so as to avoid any unnecessary legal implications.
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