A very common question that is frequently asked is
whether playing online poker in India is legal
or illegal? Similarly, it is also often asked whether
running
of an online poker website in India is legal or illegal. Online
gaming industry of India is fast
maturing. However, in the absence of adequate laws in this
regard, the online poker websites in India are heading towards legal
troubles. There is an urgent requirement to bring
regulatory reforms regarding online poker industry of India, says New
Delhi based ICT law firm Perry4Law.
Indian people are real fanatics of gambling; which
has incited numerous operators to open websites of online gambling in
India. However, the latter risk
committing a crime, given that the law which governs the
market of online gambling in the country remains fuzzy. According to
Praveen Dalal, a partner of the firm Perry4Law of New Delhi,
specialist of data-processing law, the legality of a room of online
poker depends on its domain name and its organization mode. That
causes a vast confusion within operators and authorities. Recently,
the Mumbai crime branch has dismantled websites of gambling which
operated illegally. Numerous other gambling websites could also know
the same fate for a reason of non conformity to Indian laws.
The legality of online poker is still a grey
area in India, and while the game’s popularity continues
to surge on the subcontinent, the Indian government has some fairly
strict restrictions when it comes to granting official licenses for
online poker rooms meaning only a few gambling operators have so far
managed to obtain one.
At present, the specific Indian law that relates to
online gambling and poker is the Information Technology Act of 2000,
as well as other laws such as the Indian Penal Code, Code of Criminal
Procedure, and the Public Gambling Act. As a result, an unlicenced
poker room may find its access blocked by Internet service providers,
even though there is an exemption in Indian law for games of skill.
This is because the country’s government has still to decide
whether or not online poker games fall into that category and so the
atmosphere of uncertainty continues to exist in India.
The crux of the legal position seems to be that if
an online poker website is following the laws of India while
operating in India, it is legal to play online poker in India.
However, if the laws of India are breached during such online
presence both the cyber law of India and other applicable state laws
may be attracted.
