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Online Poker vs. Live Poker: Legal Differences in India

by PokerProNews Team
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The main law dealing with gambling in India is the Public Gambling Act of 1867, which actually prohibits operating or being in charge of public gambling houses or activities. However, this act excludes ‘games of skills’ from its purview. Poker being a skill game is exempted from this law. The Supreme court and various high courts in the country have also declared poker as a skill game, allowing both online and live poker operations. However, the legal framework varies for live and online poker varies from state to state. Here is a state-by-state analysis of poker’s legality.

Indian States Allowing Online Poker

The legality of online poker in India varies from state to state with some allowing it, while others restricting or competently banning it.

Sikkim: Sikkim allows both online and live poker. It has set up a licensing regime for online games, including poker, under the Sikkim Online Gaming (Regulation) Act, 2008, and the Sikkim Online Gaming Rules, 2009. Besides, the Sikkim Casinos (Control and Tax) Act, 2002, allows live poker as well. However, the licenses for poker operations are only valid to offer services within the state. Currently, there are several establishments offering live poker, including Deltin Denzong.

West Bengal: Like Sikkim, West Bengal also allows both online and live poker. The West Bengal Gambling and Prize Competitions Act, 1957 excludes games of skill from its purview, allowing several venues in the state to offer legal poker. The status of poker was further reinforced in 2019 when the Calcutta High Court asked police not to interfere in poker games unless there were specific allegations of illegal gambling.

Nagaland: The Nagaland Prohibition of Gambling and Regulation of Online Games of Skill Act, 2016 recognizes poker as a skill game. The state has  a licensing regime and those who possess licenses can offer online poker.

Tamil Nadu: The Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025 permit online real-money games of skill, including online poker. Operators need to obtain a certificate of registration from the Tamil Nadu Online Gaming Authority (TNOGA). However, these regulations impose strict measures to ensure consumer protection age restriction (minimum age 18 or above), Aadhaar-based KYC verification, daily, weekly, and monthly spending caps and time limits.

Delhi: The legal status of online poker in Delhi remains ambiguous, though it is not banned there. The Delhi Public Gambling Act, 1955 governs gambling activities in the National Capital but it does not clearly address games of skill such as poker. While poker games run freely in Delhi, there is no clear licensing regime. So, consult a legal counsel before engaging in poker-related activities to ensure compliance.

Goa, Daman And Diu: Under the Goa, Daman and Diu Public Gambling Act, 1976,  these states allow land-based casinos, but the legal status of online poker remains ambiguous, as there is no specific legislation addressing it or even no ruling banning online poker in these states. 

States Where Online Poker is Banned 

 While the legal status of online poker remains ambiguous in most of the Indian states, Gujarat, Andhra Pradesh and Telangana have banned both online and live poker. It is completely illegal to play poker in these states.

Indian States Allowing Live Poker

Live poker in India is primarily played in casinos and its legality is confined to a few specific states like Goa, Daman, Diu, Sikkim and West Bengal. These states recognize poker as a skill game and have a clear licensing process to run poker games. Here is a closer look:

Goa: Poker is fully regulated in Goa. It is completely legal in licensed casinos such as Deltin Royale, Big Daddy, Casino Pride and others.

Sikkim: As mentioned above, the state allows both live and online poker under the Sikkim Online Gaming (Regulation) Rules, 2009 and the Sikkim Casinos (Control and Tax) Act, 2002. People can enjoy their favourite game in casinos such as Deltin Denzong, Casino Mahjong, Big Bull Casino, etc.

Daman And Diu: Under the Goa, Daman and Diu Public Gambling Act, 1976, live poker can be played in land-based casinos. The Deltin in Daman is the primary casino owned by Delta Corp. Ltd. Also, it is India’s first land-based integrated resort and casino outside Goa.

West Bengal: It is another state where people can indulge in live poker (limited to specific formats such as Texas Hold‘em) – under the ‘West Bengal Gambling and Prize Competitions Act, 1957, which excludes the games of skill such as poker from its purview. The legal status of poker was further re-affirmed by the Calcutta High Court’s 2019 ruling as the court asked police not to interfere in poker games unless there were specific allegations of illegal gambling activities.

Ambiguous Jurisdictions

In Maharashtra, Uttar Pradesh, Bihar, Arunachal Pradesh, Mizoram, and many other states of India, the legality of online poker remains uncertain as there is no specific legislation addressing online poker.

With the International Mind Sports Association (IMSA) accepting poker as a mind sport, the game has gained more popularity worldwide including India. The scenario in India might change further in future with several operators and bodies fighting to establish the game as a mind sport. Keep following PokerProNews for more updates on the stats of poker in India.

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