• About gambling online

I want to know about the status of online gambling in india.If I gamble on certain websites...and win some money....I would pay 30.9% tax as per income tax rate on such earnings.....Then will it be proceeded to police case and such things?...
Asked 4 years ago in Criminal Law
Religion: Hindu

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20 Answers

Dear sir,

There are strict guidelines and laws related to gambling be it online or offline. You are suggested to be specific and mention the site and game for which you wish to play so that specific and to the point answers may be given to your query. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

The Indian Govt prohibit it. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

If the sites automatically cuts your tax in the same then it's legal. In some sites gambling is legal like dream app for cricket. 

Prashant Nayak
Advocate, Mumbai
31910 Answers
179 Consultations

4.1 on 5.0

gambling is illegal in India

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. To qualify for prosecution for offences like Gambling and from court point of view, it is essential that Police conducts a raid, confiscates properties, collects evidences & witnesses of actual event and file FIR & consequent charge-sheet.

2. By virtue of above, online gambling is as yet not a IPC offence in India. Hence continue what you are doing and paying the taxes on the incoming income.

3. This website relates to Indian Laws. No information available on laws of Philippines.  Try googling.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can play by cannot repatriate gambling amount in India. Violation of FEMA and illegal.

Yogendra Singh Rajawat
Advocate, Jaipur
22622 Answers
31 Consultations

4.4 on 5.0

The Public Gaming Act of 1867 makes no reference to online gambling. .

This makes provisions for various offences relating to online activity, although again there's no specific mention of online gambling being illegal.

The Public Gaming Act of 1867 makes no reference to online gambling. ... This makes provisions for various offences relating to online activity, although again there's no specific mention of online gambling being illegal.

The issue of whether rummy if played with stakes amounts to gambling or not has not been decided by Supreme Court. However, Andra Pradesh High Court in D. Krishna Kumar And Anr. vs State Of A.P.(2002) (Annexure-2) relying upon the SC decision of 1968 held that till such time the state gambling Act is amended to lay down that playing Rummy with stakes is "gaming", playing Rummy with stakes is not 'gaming' within the meaning of the Act and is therefore allowed.

From the above it can be inferred that there is no illegality in online gambling hence there is no need to be worried about police action this regard. 

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

Dafabet is a privately owned online gambling company based in MakatiPhilippines.

Dafabet is a betting site which is registered and licensed in the Philippines but welcomes players from all over the world. 

Indian players are welcomed with a smile at Dafabet and it is allowed to deposit rupees as well!

Dafabet provides a small but relatively convenient selection of deposit options for Indian players.

Aside from the most common e-wallets, they also accept bank transfers from every bank in India. Only a very small number of betting sites provide this level of service to Indian players.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

- Online gambling in India are regulated under the IT Act, 2000 , and this act prohibits online gambling activities and prescribes a punishment for persons indulging in such activities, and would be fined Indian Rupees 100,000 or would receive imprisonment of up to 5 years.

- Except Maharashtra, there are no laws which clearly state it is illegal for an Indian resident to gamble online.

- Further , as per the Foreign Exchange Management Act (FEMA) , which was introduced to India in 1999 to govern the exchange of foreign currencies. Depositing to a gambling site in a currency other than rupees could be considered an exchange of foreign currencies.

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

After paying the tax you will not be liable until and unless the particular form of betting is barred by the law. 

 

thanks and regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Betting or gambling is illegal in most of India. But there is no law that makes online betting an illegal activity. Offshore betting companies are apparently using this 'loophole' to lure Indians to bet on pretty much everything. You can go ahead and bet as of now 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hello,

There is no specific law which governs online lottery or gambling .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Hi

There are no such rules in India regarding the online gambling. 

So.

Play

Win 

Pay tax.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Online gambling is illegal in most states  in . India 

 

You have to pay income tax on your winnings 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

We do not advice you to participate in online gambling 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

1. If you pay tax on winning amount according to Indian laws then your case will not be proceeded to police.

2. Online gambling is not illegal in India.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

As per Section 194B of the Income Tax Act, on any winnings above Rs. 10,000/- it is the responsibility of persons organising or managing the event to deduct 30.90% tax before releasing the winnings. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dafabet is a betting site which is registered and licensed in the Philippines. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

At present gambling in India is regulated amongst others, by the Public Gambling Act ("Gambling Act") constituted in the year 1867, specifically prohibits public gambling and running or being in charge of a common gaming house. There are certain restrictions. In India, the enactments essentially allow such Games to be played on line, which are games of skill. The only State to allow on-line Gaming is the State of Sikkim. Sikkim is so far the only state in India which has enacted a statute pertaining to online gaming i.e. Sikkim Online Gaming (Regulation) Act, 2008 ("Sikkim Gaming Act"). In terms of the Sikkim Gaming Act, an interested person can obtain a "license" for the purpose of conducting online games.

Various courts in India have examined the difference between the game of skill and game of chance and in order to determine what constitutes gaming as defined in various state enactments (i.e. gambling); it is imperative to understand the difference between a "game of skill" and a "game of chance". on-line Gaming is concerned, the courts are of the view that on-line Gaming could not be compared to real game being played and would, therefore, not be allowed until 'skill' test is passed by it.

on-line Gaming is concerned, the courts are of the view that on-line Gaming could not be compared to real game being played and would, therefore, not be allowed until 'skill' test is passed by it.

 

Dafabet is online gaming website fully licensed and regulated in the Philippines laws. Their policy also seems that, the availability of the Website or Services in certain areas or jurisdiction does not constitute an offer, invitation or solicitation from them in any area or jurisdiction in which the use of the Website or Services is prohibited by law.

 

Read the terms and conditions of the website ;

https://www.dafabet.com/in/terms-of-use

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Dear Sir,

Right off the bat, online gambling in India is heavily restricted but there are no precise laws stating the same exactly, except for horse betting, and lotteries. Skill-based gambling games are also legal, but game definitions remain unclear, and platforms frequently operate under the radar.

But as you may very well know, gambling is everywhere in India, culturally and historically ever-present, and largely all underground and untaxed.

Daily examples range from card games, to animal fights, to national cricket matches and even betting on Pro Kabaddi League. We have all heard of stories where someone we know played poker in an underground club and won lakhs in just one night. And then, we may also know people who have made a fortune in sports betting.

Despite these massive developments driven by technology and the rise in the number of betting enthusiasts in the country, old gambling laws from 150 years ago continue to govern gambling – online and physical, and leave many topics unregulated and unclear.

Online gambling, cricket betting, and casino gaming fall under this category – they are not explicitly regulated and legal; it is a grey area. Those who do it access foreign-based platforms and pay through e-wallets. No-one is persecuted.

From the general trends, our law system is more interested in catching the culprits who gamble physically: we are talking about bookies, underground clubs, and so on. (Think of the movie Jannat – if only our hero had gambled online, that cop wouldn’t be behind him!).

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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