Poker is a fascinating game of cards that has been enjoyed by people worldwide for centuries. However, in India, the legality of the game has been a bit confusing and ambiguous. The laws governing the game in the country are still not clear-cut. Some argue that the game is a game skill, while others say that it involves some elements of chance and is therefore a gambling activity. Let us delve into its legality in India today and understand whether playing this game is legal or not.
In India, games that fall under games of chance are considered gambling and are subject to strict regulations, though games of skill may be exempt from some of these laws and regulations. Gambling is largely prohibited in the country by the Public Gambling Act, 1867, which says that whoever keeps or uses any common gaming house or allows such a house to be used on premises under his control, shall be liable for upto six month imprisonment or a fine of upto 1000 rupees or both. However, this is a very outdated law and does not accommodate rapid changes especially in the online gaming landscape.
Legal Status of Poker in India
Although there are no clear-cut laws governing the game of poker, this beautiful game of cards is constantly growing and is widely considered as a mind sport. The game has been attracting people from all walks of life. This can be gauged from the consistent increase in the number of poker players in the country. While the game is rapidly growing, its legal status is not clear enough. Many courts have ruled that poker is a game of skill, not a game of chance. This sets the game apart from traditional gambling activities prohibited in India. The courts have accepted that the result of a poker game is determined by the player’s skill in making strategic decisions, reading opponents, and managing resources. This is why several courts in India have exempted poker from gambling activity and consider it a legal game.
State-Specific Legalities
Despite several courts considering poker as a game of skill, its legal status varies across states. Some states like Andhra Pradesh, Assam, Gujarat and Telangana prohibit poker, while others like Daman, Sikkim, and Goa have legalized it. The Madras High Court, for instance, ruled on November 9, 2023, not to completely remove the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022, but clarified that this law would not affect skill-based games such as online rummy and poker.
Despite these rulings, poker’s legality in India remains a grey area. The inconsistency in court decisions or views has led to confusion among players and operators. This lack of clarity has given rise to many underground poker clubs and illegal operators, posing risks to players and public safety due to the involvement of criminal elements.
Calls for Regulation and Legalization
To address these issues and offer a clear legal framework, several states and organizations in recent years have been urging the Indian government to regulate and legalize poker. The idea is to provide legal clarity, ensure player safety, and generate government revenue through licensing and taxation. Several organizations have been actively working to promote poker as a game of skill and advocate for its legalization. One such organization is All India Gaming Federation (AIGF) that has been actively promoting poker as a game of skill and pushing hard for its legalization in India.
In conclusion, the legality of poker in India is still a contentious issue. While most courts consider it a legal activity, others have ruled out that it is illegal as it involves elements of chance. The ongoing debates and inconsistent rulings highlight the need for a clear legal framework to govern poker in India to promote a regulated and safe environment benefiting players, operators and the government alike.
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