Is Online Blackjack Legal in India?
In contrast to some countries, gambling regulations in India vary by state. Indian states have the right to formulate their own gambling laws, and what’s legal in one may be restricted in another. For instance, only three states out of 29 allow gambling (Goa, Sikkim, and Daman), and this is where you can find all land-based casinos. On the other hand, India allows online gambling throughout the country; however, it is unregulated in most states.
Does this mean Indian players have plenty of opportunities to play blackjack online and in person? This article will examine the legality of online blackjack across India and Indian gambling laws in general.
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Gambling Laws in India
India may not be as prominent a gambling destination as Macau or Las Vegas. Still, it is a fact that some gambling forms were first documented in India, and many of our favourite games originated there too. Even the earliest Sanskrit texts, the Ramayana and the Mahabharata contain some of the earliest gambling references.
Many forms of gambling were favoured over the centuries, including horse racing and cricket, which the British colonizers brought to India in the 18th century. Once they realized gambling was thriving in India, the British attempted to control it by passing the Public Gaming Act in 1867. This federal gambling law at first only applied to ten states, but now it covers all states that don’t have their own gambling laws and casinos.
This act aimed to prevent illegal gambling houses from operating and players from visiting them. Running a gambling house can result in a fine of Rs 200 or up to three months of imprisonment, whereas being found in one can result in a fine of Rs 100 or a month in prison.
Skill-based games are excluded from this act, as they are not considered gambling. Thus, it has been relatively unclear over the years which games are based on skill and which are based on chance.
For instance, India’s Supreme Court ruled that horse racing was a skill-based game. There was also confusion regarding the lottery, so the state legalized it by passing the Lotteries Regulation Act in 1998. Poker and rummy are also legal as they are games of skill. Unfortunately, slot machines, roulette, baccarat, blackjack, and other casino classics are seen as games of chance and, thus, deemed illegal in most states according to this act.
Considering that this act was enacted in 1876, long before internet gambling was even a concept, it doesn’t contain any references to it, and it is unclear whether online casino sites should be treated as gambling houses under this Indian gambling law.
Has India Legalized Online Gambling?
Since the above-mentioned gambling act has never been amended, it excludes online casinos from its scope as it does not meet the requirements for modern gambling regulation. Once the federal government recognized this shortcoming, it empowered the states to create their own legislation. If a state doesn’t have any gambling legislation, the Public Gambling Act of 1867 will apply.
Due to this, each Indian state has the right to allow or prohibit gambling activities. Although certain states offer poker-specific and rummy-specific gaming websites, no full-fledged online casinos are available. Currently, there are no Indian online casinos approved by the federal government.
Gambling is seen as an economic and social evil in India, which is why some states prohibit online casinos. For instance, Maharashtra banned online gambling under the Bombay Wire Act. Other states followed suit, including Telangana, Gujarat, Odisha, Andhra Pradesh, Assam, Kerala, Tamil Nadu, and more.
Sikkim and Goa are the two states with the most progressive gambling legislation. Aside from legalizing the brick-and-mortar gaming industry, Sikkim also decided to regulate its online counterpart by introducing the Sikkim Online Gaming (Regulation) Act in 2008. The act allowed most Class III casino games, blackjack included. In 2020, the state accepted applications for three online casinos. Although some prominent names applied for licences, like Betfair and William Hill, none of the operators have launched an online casino since then due to the state’s small population.
This means that blackjack enthusiasts from India have two options. One option is to visit a land-based or floating casino in Sikkim, Goa, or Daman. The other is visiting offshore gambling sites, considered legal in some states, although they fall into the gray area. Nevertheless, more than 100 million active Indian players are proof of their popularity. Moreover, 41% of players visit gambling platforms daily, and 75% come from the four major cities — Delhi, Mumbai, Chennai, and Bangalore. The value of the Indian iGaming market has increased from 101 billion rupees in 2020 to 120 billion in 2022, which is quite a significant leap.
Although several of these platforms enter the market every month, not all are trustworthy. Thus, it is essential to find one that employs all the latest security measures and firewalls, holds a licence or even two, and has a good reputation. Aside from boasting rich gaming portfolios with multiple blackjack titles, many feature compelling bonuses, have VIP programs for the most loyal players, are mobile optimized, and offer speedy withdrawals.
Unless you live in one of the states where online gambling is actively prohibited, it is legal to participate in online gambling in India. Plus, no Indian player has been prosecuted for gambling at online offshore sites.
Other Laws Pertaining to Online Gambling in India
Aside from the Public Gambling Act of 1867, two other federal laws partially affect online gambling. In 1999, the state legislature passed a financial act — the Foreign Exchange Management Act (FEMA). Although the act centers around international trade and currency exchange, a provision prohibits depositing funds in any currency other than Indian rupees into an online gaming account.
Therefore, it is not surprising that many offshore casinos geared toward Indian players only accept payment in rupees. Using geolocation software, they can determine the location of transactions coming from India and limit them to rupees to comply with FEMA law. Another way to circumvent this law is using e-wallets, such as Skrill or Netteler, instead of credit or debit cards. This also means that players have limited access to banking methods in India. Either way, you should always remember this before registering and playing at an international online platform.
Another act that pertains to online gambling is the Information Technology Act of 2000. This law is quite broad and can apply to any online activity. What’s important for players is that no provision in this law explicitly specifies online gambling in India as unlawful. However, the Indian government can block any foreign website according to this act.
Conclusión
The legal landscape encompassing online casinos in India is currently a huge mess. There is no rule explicitly prohibiting players from joining online gambling sites, nor one allowing them to operate in the country legally. What’s more, these rules apply to all land-based casinos in India. The federal government doesn’t bother to block IP addresses or sites located outside of India because they are not subject to Indian law. Until current laws are rewritten, Indian players have one more reason to perceive online offshore gambling platforms as legal.
Many legit offshore casinos run by international operators cater to Indian players. Aside from offering plenty of blackjack titles, some also accept payments in rupees. However, be sure to find a reliable platform.
PREGUNTAS FRECUENTES
Are online casinos and casino games such as blackjack legal in India?
Indian law does not ban international online casinos or games unless they are organized privately within the country’s borders. Players from India can deposit money on gambling sites, play their preferred blackjack games, and withdraw winnings as long as the sites operate legally outside the country. However, they must be aware that some Indian states ban online gambling or specific online games. So, it is recommended to familiarize yourself with the law of each state before you start playing.
How can I play online blackjack for real money in India?
First, you must find a reliable and trustworthy operator that caters to Indian players. Then, you must create an account, verify it, and deposit funds to your account balance. Lastly, pick a blackjack title you like and are good to go.
Is it safe to play online blackjack in India?
You undoubtedly want to be sure you are playing online blackjack in a safe environment. Therefore, you must choose an operator with a valid licence, abiding by international gambling laws, and ensuring transparent and secure casino play.
What is the minimum gambling age in India?
The legal gambling age in India is 21, while anyone over the age of 18 can play the lottery.
