Poker is a famous game in India that has been in existence for long. As information technology became widely available, the traditional poker game was also transformed into online poker game. Now poker players play the game of poker on their respective computers and at a common online poker website.
This transformation has created many unique techno legal challenges before the poker players, poker websites and the law enforcement agencies of India. As this transformation into the digital world is a recent development, been the Indian judiciary is struggling to understand the same.
While these developments are taking place at very fast paces yet the online gaming industry and laws in India are still far behind these developments. In the absence of clear cut regulatory framework, the online poker laws and regulations in India are still susceptible to diverse interpretation. Thus, online poker in India is both legal and illegal depending upon the manner it is been projected, displayed to public and played in India. If the online poker websites of India fail to adhere to and comply with the requirements of Internet intermediary obligations and cyber law due diligence (PDF), these websites can be prosecuted and blocked in India.
We have very specific and unique online poker laws and regulations in India. Whether by design or ignorance, online poker websites in India are violating these laws of India. Many online poker players in India also play the same in active violation of the laws of India in this regard. Most of them are not even aware whether playing online poker in India is legal or illegal. Further, taxability of online poker websites of India is another crucial issue that is frequently ignored by poker entrepreneurs.
Perry4Law strongly recommends that the laws and regulations for online gambling and online gaming in India in general and online poker in particular must be religiously followed by all the stakeholders in their own interest.